Private & Family
We offer you the advantages of an international law firm predominantly representing foreign clients in a wide range of legal fields.
Thus, we are able to provide qualified answers to specific questions in the areas of family law, labor law, tenancy law, and consumer protection to our international clients living in Germany. Our highly specialized lawyers work closely together, this gives you the possibility for comprehensive legal support in your private life, even if you have come to Germany for business reasons.
Frequently asked questions about Private & Family
Since we have fully electronic file management and meet with our clients via a wide variety of
communication channels, we handle consensual divorces throughout Germany without you having to come to one of our offices, i.e. virtually online.
The only requirement is a personal hearing at the court date. However, there are also possibilities to avoid a personal appearance if, for example, you live far away from the court, live abroad in the meantime or have just
travelled.
After everything has been prepared in advance in person or online, the petition for divorce must be
submitted to the court by a lawyer. This means that the spouse filing the petition needs to be represented by a lawyer and the other spouse does not need to be represented by a lawyer, but only needs to agree to the divorce.
Divorce can be filed (as in a contested case) after a separation year. The separation usually takes place by one spouse moving out of the joint home. However, a separation of "table and bed" in the jointly occupied flat is also sufficient for a separation, whereby all areas of life must be separated from each other.
Agreed statements about the length of the separation period are not reviewed by the court.
Even if the spouses agree on all other issues, the court carries out the so-called pension equalisation ex officio, even without an application, if they were married for more than three years. This concerns the equalisation of pension entitlements acquired during the marriage. However, this can be waived by a notarial agreement or a court record. Of course, the pension entitlements can also be settled together with an mutual divorce settlement, in which case notarial form is required.
If there are joint children of the spouses, a declaration is required that joint parental care is to continue and that contact is regulated. If the spouses have agreed otherwise in this respect, a declaration is required as to how this is to be regulated. In addition, it must be stated that the other spouse will consent to the divorce.
A declaration is also required that the maintenance obligation towards their child or children, the spousal maintenance and the legal relationships to the home and household effects have been agreed upon.
Since the family law reform, however, it is no longer a prerequisite that a notarially agreed or recorded divorce settlement be made.
The marriage certificate and the birth certificate of the joint minor children should be attached to the petition (§133 II FamFG (Family code)).
It is sufficient to submit copies of the application. Since we now transmit the petition electronically to the court, a scan of the documents is sufficient for the time being. However, the originals - as well as an identification document of the parties - must be brought to the divorce hearing, at the latest.
No, an employment contract can also be concluded orally or tacitly, in which case it can of course be difficult to prove the content of the contract. However, fixed-term contracts must be agreed in writing, usually before the employment contract begins. Termination agreements or notices of termination must also be in writing.
Under the Verification Act, companies are also obliged to confirm the essential terms of the contract to the employee in writing.
In principle, an employment contract can be terminated subject to the statutory minimum notice period. However, for companies that usually employ more than 10 employees - after the expiry of a 6-month waiting period - the Employment Protection Act (Kündigungsschutzgesetz) is usually applicable, which imposes additional requirements for termination by the employer.
Unless severance pay is already offered in the employment contract or with the notice of termination in the event that no action is brought, there is usually no entitlement to severance pay. If a dismissal is contested by means of an action for protection against unfair dismissal, however, a severance payment is often agreed by way of a settlement in order to end the dispute over the right to dismissal.
The notice period for employee terminations is regulated in § 622 of the German Civil Code (BGB). As a rule, it is 4 weeks (unless otherwise agreed in the employment contract) to the 15th or to the end of a calendar month.
In contrast, the notice period for employer-side terminations is staggered according to how long the employment relationship existed; here the notice period is extended after 2 years to 1 month to the end of a calendar month, after 5 years to 2 months to the end of a calendar month, and so on. The exact periods of notice are regulated in § 622 BGB.
In principle, the notice periods for employee terminations cannot be shortened. Longer notice periods may also be agreed for employee-side notices of termination, but these may not be longer than for employer-side notices of termination.
During a probationary period of a maximum of 6 weeks, the notice period may also be reduced - for both parties - to at least 2 weeks. However, this must be agreed.
The statutory minimum holiday entitlement per calendar year is usually 24 working days, which is regulated in the Federal Holiday Act. Working days are Monday to Friday, so this is 4 weeks. If 5 days are worked, this is to be quota accordingly, i.e. the statutory minimum leave is 20 working days, which is also 4 weeks. Less than 4 weeks of leave per calendar year cannot be agreed.
Additional leave (also called "contractual leave entitlement") is regularly agreed and can often be found in company agreements or collective agreements.
Yes, but not everywhere and not for all flats.
Depending on the place and time of first occupancy, residential rents in Germany are regulated. The rules of the so-called Mietpreisbremse (rent brake) apply in areas for which the state legislature has determined a tight housing market by ordinance, such as for the whole of Berlin, but also other cities.
Exceptions: In such areas, however, the rent cap only applies to housing that was first used and rented before 01.10.2014. Moreover, housing that was extensively modernised after 01.10.2014 and then rented for the first time is excluded. Comprehensive modernisation can be assumed if the condition is roughly equivalent to a new building AND the modernisation costs amounted to at least approx. 1/3 of the new building costs.
If the Mietpreisbremse (rent brake) applies, the rent for re-letting and first letting may not be higher than 10% above the local comparable rent OR a higher previous rent that was validly agreed.
Caution: The landlord can only invoke an exception or a higher previous rent if he informed the tenant of this before the contract was concluded.
In Germany, residential tenancy agreements are usually concluded for an indefinite period. The tenant can terminate the lease with three months' notice to the end of the month. The landlord can only terminate for good cause (breach of contract, own need), §§ 543, 569 BGB (Civil Code).
A fixed-term tenancy agreement can also only be concluded in residential tenancy law if there is a reason recognised by law (e.g. own need) which is communicated in writing when the agreement is concluded, § 575 BGB. If this is not the case, the time limit is invalid and the tenancy agreement runs for an indefinite period.
Except in the case of own use, a time limit can only be agreed in tenancy agreements for temporary use or for granny flats, § 549 BGB.
A fixed term of one or two years with the possibility of renewal, as we know it in some other legal systems, is nevertheless sometimes chosen to assure the tenant that he does not have to expect termination before the End of the contract, which in Germany would only be possible anyway if there is an important reason.
If the landlord also wants to ensure that the tenant does not terminate before the end of 1 or 2 years, he must do so in Germany by agreeing on a mutual exclusion of termination.
In commercial tenancy law there is no restriction on the landlord's notice and the time limit. In order to ensure that the commercial tenant can use the premises at the agreed rent for a certain period of time, the parties to the commercial tenancy agreement therefore usually agree on a time limit and not infrequently on option rights with which the tenant can extend the agreement even without the landlord's consent. However, this also increases the risk for the commercial tenant, as the tenant cannot terminate the lease before the end of the rental period, even if things are not going well in the business or the tenant wants to move.
The statutory right of withdrawal applies in particular to so-called distance contracts, i.e. contracts concluded via the internet, telephone or fax, as well as doorstep contracts, where a business comes to the consumer's home. There are other constellations, such as consumer loan contracts or insurance contracts.
The right of withdrawal is usually 14 days. What is important is that the company must first properly inform the consumer about the right of withdrawal. Since this is surprisingly often not the case, consumers often still have the possibility to cancel a contract much later. This is particularly exciting in the case of expensive loan and insurance contracts or brokerage contracts.
Since the question of whether a right of cancellation exists at all, still exists or perhaps no longer exists depends on many factors, this should always be checked in order to know possible rights, but also obligations and the resulting consequences.
The warranty applies to all new and used goods sold by a business to a consumer. It lasts 2 years and can be reduced to 1 year for used goods. With the warranty, the seller must take responsibility for defects in the goods that were already present when the goods were handed over.
It is important that the defect does not have to have already become apparent. If, for example, a component is broken that only leads to a defect months later, the defect was nevertheless already present when the goods were handed over.
The contact person is always the seller. He gives the warranty by law. He cannot exclude this either.
The guarantee is a voluntary and individual quality promise that is often given by manufacturers. It is governed solely by the guarantee-provisions and has nothing to do with the warranty, nor can it replace it.
Private & Family
We offer you the advantages of an international law firm representing predominantly foreign clients in a wide range of legal fields.
In addition, we are able to provide qualified answers to specific questions from our international clients living in Germany in the areas of family law, labour law, tenancy law and consumer protection. Our highly specialised lawyers work closely together. This gives you the possibility of comprehensive legal support in your private environment, even if you have come to Germany because of your business acti vities.
Frequently asked questions about Private & Family
Since we have fully electronic file management and meet with our clients via a wide variety of
communication channels, we handle consensual divorces throughout Germany without you having to come to one of our offices, i.e. virtually online.
The only requirement is a personal hearing at the court date. However, there are also possibilities to avoid a personal appearance if, for example, you live far away from the court, live abroad in the meantime or have just
travelled.
After everything has been prepared in advance in person or online, the petition for divorce must be
submitted to the court by a lawyer. This means that the spouse filing the petition needs to be represented by a lawyer and the other spouse does not need to be represented by a lawyer, but only needs to agree to the divorce.
Divorce can be filed (as in a contested case) after a separation year. The separation usually takes place by one spouse moving out of the joint home. However, a separation of "table and bed" in the jointly occupied flat is also sufficient for a separation, whereby all areas of life must be separated from each other.
Agreed statements about the length of the separation period are not reviewed by the court.
Even if the spouses agree on all other issues, the court carries out the so-called pension equalisation ex officio, even without an application, if they were married for more than three years. This concerns the equalisation of pension entitlements acquired during the marriage. However, this can be waived by a notarial agreement or a court record. Of course, the pension entitlements can also be settled together with an mutual divorce settlement, in which case notarial form is required.
If there are joint children of the spouses, a declaration is required that joint parental care is to continue and that contact is regulated. If the spouses have agreed otherwise in this respect, a declaration is required as to how this is to be regulated. In addition, it must be stated that the other spouse will consent to the divorce.
A declaration is also required that the maintenance obligation towards their child or children, the spousal maintenance and the legal relationships to the home and household effects have been agreed upon.
Since the family law reform, however, it is no longer a prerequisite that a notarially agreed or recorded divorce settlement be made.
The marriage certificate and the birth certificate of the joint minor children should be attached to the petition (§133 II FamFG (Family code)).
It is sufficient to submit copies of the application. Since we now transmit the petition electronically to the court, a scan of the documents is sufficient for the time being. However, the originals - as well as an identification document of the parties - must be brought to the divorce hearing, at the latest.
No, an employment contract can also be concluded orally or tacitly, in which case it can of course be difficult to prove the content of the contract. However, fixed-term contracts must be agreed in writing, usually before the employment contract begins. Termination agreements or notices of termination must also be in writing.
Under the Verification Act, companies are also obliged to confirm the essential terms of the contract to the employee in writing.
In principle, an employment contract can be terminated subject to the statutory minimum notice period. However, for companies that usually employ more than 10 employees - after the expiry of a 6-month waiting period - the Employment Protection Act (Kündigungsschutzgesetz) is usually applicable, which imposes additional requirements for termination by the employer.
Unless severance pay is already offered in the employment contract or with the notice of termination in the event that no action is brought, there is usually no entitlement to severance pay. If a dismissal is contested by means of an action for protection against unfair dismissal, however, a severance payment is often agreed by way of a settlement in order to end the dispute over the right to dismissal.
The notice period for employee terminations is regulated in § 622 of the German Civil Code (BGB). As a rule, it is 4 weeks (unless otherwise agreed in the employment contract) to the 15th or to the end of a calendar month.
In contrast, the notice period for employer-side terminations is staggered according to how long the employment relationship existed; here the notice period is extended after 2 years to 1 month to the end of a calendar month, after 5 years to 2 months to the end of a calendar month, and so on. The exact periods of notice are regulated in § 622 BGB.
In principle, the notice periods for employee terminations cannot be shortened. Longer notice periods may also be agreed for employee-side notices of termination, but these may not be longer than for employer-side notices of termination.
During a probationary period of a maximum of 6 weeks, the notice period may also be reduced - for both parties - to at least 2 weeks. However, this must be agreed.
The statutory minimum holiday entitlement per calendar year is usually 24 working days, which is regulated in the Federal Holiday Act. Working days are Monday to Friday, so this is 4 weeks. If 5 days are worked, this is to be quota accordingly, i.e. the statutory minimum leave is 20 working days, which is also 4 weeks. Less than 4 weeks of leave per calendar year cannot be agreed.
Additional leave (also called "contractual leave entitlement") is regularly agreed and can often be found in company agreements or collective agreements.
Yes, but not everywhere and not for all flats.
Depending on the place and time of first occupancy, residential rents in Germany are regulated. The rules of the so-called Mietpreisbremse (rent brake) apply in areas for which the state legislature has determined a tight housing market by ordinance, such as for the whole of Berlin, but also other cities.
Exceptions: In such areas, however, the rent cap only applies to housing that was first used and rented before 01.10.2014. Moreover, housing that was extensively modernised after 01.10.2014 and then rented for the first time is excluded. Comprehensive modernisation can be assumed if the condition is roughly equivalent to a new building AND the modernisation costs amounted to at least approx. 1/3 of the new building costs.
If the Mietpreisbremse (rent brake) applies, the rent for re-letting and first letting may not be higher than 10% above the local comparable rent OR a higher previous rent that was validly agreed.
Caution: The landlord can only invoke an exception or a higher previous rent if he informed the tenant of this before the contract was concluded.
In Germany, residential tenancy agreements are usually concluded for an indefinite period. The tenant can terminate the lease with three months' notice to the end of the month. The landlord can only terminate for good cause (breach of contract, own need), §§ 543, 569 BGB (Civil Code).
A fixed-term tenancy agreement can also only be concluded in residential tenancy law if there is a reason recognised by law (e.g. own need) which is communicated in writing when the agreement is concluded, § 575 BGB. If this is not the case, the time limit is invalid and the tenancy agreement runs for an indefinite period.
Except in the case of own use, a time limit can only be agreed in tenancy agreements for temporary use or for granny flats, § 549 BGB.
A fixed term of one or two years with the possibility of renewal, as we know it in some other legal systems, is nevertheless sometimes chosen to assure the tenant that he does not have to expect termination before the End of the contract, which in Germany would only be possible anyway if there is an important reason.
If the landlord also wants to ensure that the tenant does not terminate before the end of 1 or 2 years, he must do so in Germany by agreeing on a mutual exclusion of termination.
In commercial tenancy law there is no restriction on the landlord's notice and the time limit. In order to ensure that the commercial tenant can use the premises at the agreed rent for a certain period of time, the parties to the commercial tenancy agreement therefore usually agree on a time limit and not infrequently on option rights with which the tenant can extend the agreement even without the landlord's consent. However, this also increases the risk for the commercial tenant, as the tenant cannot terminate the lease before the end of the rental period, even if things are not going well in the business or the tenant wants to move.
The statutory right of withdrawal applies in particular to so-called distance contracts, i.e. contracts concluded via the internet, telephone or fax, as well as doorstep contracts, where a business comes to the consumer's home. There are other constellations, such as consumer loan contracts or insurance contracts.
The right of withdrawal is usually 14 days. What is important is that the company must first properly inform the consumer about the right of withdrawal. Since this is surprisingly often not the case, consumers often still have the possibility to cancel a contract much later. This is particularly exciting in the case of expensive loan and insurance contracts or brokerage contracts.
Since the question of whether a right of cancellation exists at all, still exists or perhaps no longer exists depends on many factors, this should always be checked in order to know possible rights, but also obligations and the resulting consequences.
The warranty applies to all new and used goods sold by a business to a consumer. It lasts 2 years and can be reduced to 1 year for used goods. With the warranty, the seller must take responsibility for defects in the goods that were already present when the goods were handed over.
It is important that the defect does not have to have already become apparent. If, for example, a component is broken that only leads to a defect months later, the defect was nevertheless already present when the goods were handed over.
The contact person is always the seller. He gives the warranty by law. He cannot exclude this either.
The guarantee is a voluntary and individual quality promise that is often given by manufacturers. It is governed solely by the guarantee-provisions and has nothing to do with the warranty, nor can it replace it.