Practice areas
Family law: clear representation without deepening the conflict.
A factual approach shapes the outcome of family disputes. We put your position forward clearly and on a sound basis, without escalating the conflict: escalated proceedings take longer, cost more and are the worst option for children.
General information. The legal assessment depends on the circumstances of each case.
Circumstances
Clarify the context
Evidence
Preserve documents
Deadlines
Explain any urgency
Approach
Discuss the next steps
Overview
A clear sequence matters more than raised voices
Separation gives rise to several legally distinct but financially connected matters: divorce, equalisation of accrued gains, pension adjustment, child and spousal maintenance, parental responsibility and contact, and often household goods and the matrimonial home. Pursuing every issue at once with maximal demands can produce proceedings lasting years. Setting priorities and addressing the financially decisive questions first generally leads to a workable outcome more quickly and at lower cost.
The largest financial issues are usually equalisation of gains and maintenance, both of which depend on reliable figures. Without disclosure of income, assets at separation and the relevant valuation date, and liabilities, neither calculations nor negotiations can progress. Enforcing disclosure rights is therefore usually the first step: unremarkable, but fundamental to everything that follows.
Parental responsibility and contact involve a different standard. The child’s welfare, rather than the parents’ negotiating position, is decisive, and courts also consider the parties’ conduct. Preventing contact or disregarding agreements weakens a parent’s position. We therefore seek workable arrangements even where the relationship has broken down, and pursue proceedings firmly when agreements are not observed.
International elements require particular attention: a spouse in another country, an account or property outside Germany, or a proposed move abroad with a child. Jurisdiction and applicable law may differ, and days can matter in child-related cases. Where child abduction is threatened or has occurred, the Hague Child Abduction Convention provides specific, short procedures; delay in this area can have consequences that cannot be reversed.
Typical matters
- Separation, divorce and agreements on the consequences of divorce
- Equalisation of accrued gains and pension rights
- Child and spousal maintenance and variation proceedings
- Parental responsibility, contact and shared residence
- Marriage agreements and advance planning
- International jurisdiction and child abduction
Frequently asked questions
Questions clients ask during separation
These answers set out the general framework. Your position depends on income, assets and, where international elements are involved, the applicable legal system.
Risks
Where separation becomes unnecessarily costly
We regularly encounter the following issues. They rarely arise from legal questions alone, but usually from time pressure, missing documentation or steps taken in the wrong order.
An undocumented separation date
The reference date matters for accrued gains and maintenance. If it remains disputed, calculations may shift by months, with substantial financial consequences.
Possible measures: document the separation in a provable way and record assets at the relevant date as early as possible.
A rushed agreement
An arrangement is signed under the stress of separation without understanding its financial consequences. Notarised agreements can be difficult to challenge later.
Possible measures: obtain disclosure and valuations before signing and review the agreement against the limits of legal validity.
Obstructing contact with a child
Contact is blocked to exert pressure. Courts generally view such conduct unfavourably for the parent responsible.
Possible measures: put arrangements in writing, document breaches and seek a court order.
Choosing the wrong forum for an international case
Proceedings are started in Germany although another forum would have been financially more favourable, or vice versa. Changing course is difficult once proceedings are pending.
Possible measures: examine jurisdiction and applicable law before filing an application.
Delay in child-related matters
Where child abduction is threatened, the prospects of securing return can diminish over time. After one year, additional objections to return may arise.
Possible measures: promptly pursue interim protection and return proceedings under the Hague Convention.
International
Family law across borders
Where a spouse, child or assets abroad are involved, jurisdiction and applicable law must be examined separately, as they often differ. A German court may have jurisdiction while applying foreign law, for example to maintenance or matrimonial property.
Timing can be especially important: in matrimonial proceedings, the first party to bring a case may determine the forum. Before taking the first step, we therefore assess which forum is financially more favourable and coordinate with locally admitted professionals in the countries concerned.
- Jurisdiction in matrimonial matters
- Within the EU, the Brussels IIb Regulation provides several connecting factors. The first proceedings brought will generally determine the forum.
- Applicable law
- Divorce follows the Rome III Regulation, including the possibility of choosing the applicable law; matrimonial property and maintenance follow separate conflict-of-laws rules.
- Maintenance across borders
- Within the EU, maintenance orders are recognised and enforced under the Maintenance Regulation; outside it, conventions and national law apply.
- Child abduction
- The Hague Convention provides expedited return proceedings. The prospects are directly affected by how promptly action is taken.
Related information
Related information
Contact
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- General information. The legal assessment depends on the circumstances of each case.