Family Law

We offer competent and reliable advice and representation in family law by our specialist lawyer for family law Rebecca Müller.

Our lawyers also advise our private clients on tenancy law and labour law and assist you in matters relating to claims for damages or defence against claims by third parties. We conduct the divorce proceedings (or the proceedings to dissolve the registe red civil partnership in the case of same – sex couples) and the proceedings connected with the divorce and separation, such as parental custody and contact with joint children or the division of assets (for example, implementation of the equalisation of gains) for you.

Our focus is on settling the consequences of separation as amicably as possible – avoiding unnecessary legal disputes. To this end and to support an amicable divorce, we draft or review an agreement between the spouses (or partners) on the consequences of the divorce. All relevant topics, such as equalisation of gains, contact, household effects, maintenance and the marital home can be regulated here.

Divorce and separation by mutual consent

Resolution of international marriage constellations and civil partnerships

Parental care and contact

Contractual drafting of prenuptial agreements and separation agreements

Asset regulations

Frequently asked questions about Private & Family

Family Law

We offer competent and reliable advice and representation in family law by our specialist lawyer for family law Rebecca Müller.

Our lawyers also advise our private clients on tenancy law and labour law and assist you in matters relating to claims for damages or defence against claims by third parties. We conduct the divorce proceedings (or the proceedings to dissolve the registe red civil partnership in the case of same – sex couples) and the proceedings connected with the divorce and separation, such as parental custody and contact with joint children or the division of assets (for example, implementation of the equalisation of gains) for you.

Our focus is on settling the consequences of separation as amicably as possible – avoiding unnecessary legal disputes. To this end and to support an amicable divorce, we draft or review an agreement between the spouses (or partners) on the consequences of the divorce. All relevant topics, such as equalisation of gains, contact, household effects, maintenance and the marital home can be regulated here.

Divorce and separation by mutual consent

Divorce and separation by mutual consent

In principle, a marriage can only be annulled in Germany by divorce by a German court. The application to the family court must be submitted by a lawyer.
This applies equally to divorce by mutual consent and divorce by litigation.

Divorce by mutual consent is the cheapest, fastest and most peaceful way of divorce.
It is possible when the spouses agree that they want to get divorced. You do not have any further points of conflict regarding the consequences of divorce (alimony, property division, parental care, contact, household effects) or you have already settled these issues contractually or these issues can be settled amicably (for example in a divorce settlement agreement drafted by us).

In this case, it is not necessary to provide further information on the reason for the breakdown. So the “marriage history” is irrelevant.

Resolution of international marriage constellations and civil partnerships

As our law firm is internationally oriented, we have two decades of experience with international divorces (or dissolution of civil partnerships) and subsequent matters.

This applies in particular to binational divorces ( when one spouse is German and the other is not) and international divorces ( two foreign spouses).

In this context, we clarify questions regarding the international jurisdiction of the courts and the applicability of the German or foreign legal system and draft agreements on relevant topics between spouses bilingually, German-English.

In most cases, it is also advisable to conclude a marriage contract prior to marriage, even though it is often difficult to think about the possible consequences of a separation when getting married. We are happy to help you with this and prepare the notarized marriage contract.

Parental care and contact

The standard case provided for by law in the event of permanent separation of the parents or divorce is that the parents retain joint custody. Joint custody always exists if no applications are made in this regard in the divorce proceedings.

If sole custody is to be transferred to one parent (in connection with a divorce, but also independently of it), the other parent must agree (unless the child has reached the age of 14 and objects to the transfer) or if it is to be expected that the termination of joint parental custody and the transfer to the applicant is in the best interests of the child (section 1671 (2) of the German Civil Code)

Joint parental custody is always at issue when it comes to the care of persons and property (choice of doctor, choice of school, opening a bank account), or where the joint child is to reside (right to determine the place of residence).

If you cannot agree on this, a court must decide on this. Since court proceedings about this are usually not in the best interest of the child, we are happy to help you come to an agreement about custody issues. However, we are of course also at your disposal if you wish to apply for sole custody or if the other parent has applied for sole custody.

Issues that affect the child but are only everyday matters and are not of significant importance do not affect custody.

Also to be distinguished from custody is the right of contact with the child, which is due to the parent who does not primarily care for the child.

This often involves mutually agreeing on contact and determining when the non-custodial parent has the right to have contact with the child and spend time with the child. Questions as to how long and frequently contact should take place, whether only one week’s contact is desired, or whether the parents or one parent want the so-called alternating model, also belong here.

Again, in the best interests of the child, it is best to find a mutually agreeable solution. In the event that such cannot be achieved, we naturally draw on extensive litigation experience throughout Germany.

Contractual drafting of prenuptial agreements and separation agreements

In order to ensure fair dealings with each other and competent proposals for solutions, one of our main focuses in family law is to settle the consequences of separation and divorce as amicably as possible while avoiding unnecessary litigation.

For this purpose and in order to support an amicable divorce, we draft or review an agreement between the spouses (or cohabitants) on the divorce consequences. All relevant issues, such as the division of joint assets or debts, equalization of gains, contact, household effects, maintenance and the marital home can be settled here.

Also in the run-up to the marriage or during the marriage, the conclusion of a marriage contract is often necessary or sensible, the contractual drafting of which we are happy to take over.
Any contractual arrangement in family law can be made in German-English for our international clients.

Due to our training as a specialist lawyer for family law, continuous further training and more than two decades of experience, we are always up to date and can competently advise you on all subsequent questions of marriage, separation and divorce, as well as take over the contractual design, so that fair and peaceful dealings can always take place and disputes between the spouses can be prevented or resolved.

Asset regulations

We also have decades of experience in the area of property issues in separation and divorce.

This includes the division of joint assets such as joint real estate (keyword: home) or accounts.

We assist in the contractual drafting of property division clauses and thus also the settlement claims between the spouses to be settled if the property is taken over by one spouse or sold to a third party.

We also help with the calculation and implementation of the equalization of gains in the case of community of gains according to German law and also offer here the draft of a contractual basis bilingually.

Frequently asked questions about Private & Family