For many couples in Germany, an engagement and subsequent marriage mark a significant milestone in their relationship journey. While the focus may initially be on planning the wedding ceremony, it’s important to recognise that marriage brings about various legal changes in Germany that warrant consideration. Our German family lawyers are here to offer proactive guidance, including assistance with drafting prenuptial agreements, and dealing with other regulatory matters to mitigate potential disputes. Our legal services extend to both traditional marriage and the registration of same-sex civil partnerships, ensuring comprehensive support tailored to your needs.

Marriage signifies a significant milestone in any relationship, brimming with promise. However, it’s crucial to recognise marriage as a legal contract in Germany between partners, laden with rights and responsibilities akin to any other legal agreement.

Increasingly, couples, especially those with international ties, opt to formalise their understanding through prenuptial agreements prior to tying the knot. Despite misconceptions surrounding prenuptial agreements, they serve as invaluable tools for delineating rights and obligations in a legally binding manner. Such agreements offer clarity on vital matters like property division, mitigating the potential for protracted and convoluted divorce proceedings.

For international clients, facing the intricacies of German law requires nuanced expertise. Our German family lawyers specialise in drafting and negotiating prenuptial agreements tailored to meet the unique needs of each couple, ensuring comprehensive protection, particularly relating to prenuptial agreements for entrepreneurs and the self-employed. Consider a prenuptial agreement as an essential safeguard, facilitating a smoother journey through the complexities of marriage in Germany.

In Germany, while the mother-child relationship is legally established upon birth and documented in the birth certificate, establishing the relationship between the child and its biological father can pose challenges. Consequently, there has been a surge in legal proceedings in recent years aimed at either recognising or contesting paternity.

For individuals or couples seeking to become parents but facing biological constraints, exploring alternative options becomes imperative. Adoption, assisted reproductive technologies, and surrogacy often emerge as viable avenues. However, it’s crucial to note that German law imposes clear limitations regarding surrogacy and its recognition by local authorities.

Facing the complexities of parenthood options in Germany, especially for international clients, demands specialised legal counsel. At Schlun & Elseven Rechtsanwälte, our German family lawyers are equipped to outline the legal avenues available to you. Please do not hesitate to contact us to explore the intricacies of parentage and fulfil your desire to have children within the framework of German law.

In Germany, the bond between a mother and her child is automatically established at birth, legally and biologically, as stipulated in § 1591 German Civil Code (Bürgerliches Gesetzbuch – BGB). However, paternity rights often provoke disputes. According to § 1592 BGB, the father of a child is determined by:

• Being married to the child’s mother at the time of birth,
• Acknowledging paternity, or
• Having paternity established by a court.

The individual concerned must formally declare paternity acknowledgement before a competent authority, typically the local youth welfare office or registry office. This acknowledgement can occur either before or after the child’s birth. Moreover, legal paternity can also be acknowledged by a man who is not the child’s biological father, such as the mother’s partner. Specific criteria must be met for paternity to be recognised, and the consent of the child’s mother is always required. In certain circumstances, the consent of the child or the mother’s husband may also be necessary.

The rise in children born out of wedlock has led to a significant increase in paternity disputes. These disputes are categorised into distinct legal actions, including actions to establish parentage under § 1598a (1) BGB, actions to establish paternity under § 1600d BGB, and actions to contest paternity outlined in Sections 1600 et seq. BGB. Our German family law practice group is adept at explaining each type of action and providing unwavering support in advocating for your rights and obligations according to the specifics of your case. We are committed to offering comprehensive advice on paternity and other facets of family law.

In Germany, the paramount concern in adoption proceedings is safeguarding the best interests of the child, a principle rigorously upheld by the state. As a result, the adoption process in Germany is meticulously thorough and subject to stringent criteria. Applicants are required to furnish various documents to German authorities, including health and criminal record certificates, as part of the adoption process. However, the specific requirements can vary based on individual circumstances, posing significant challenges for those unfamiliar with adoption procedures and family law.

At Schlun & Elseven Rechtsanwälte, our German family lawyers support and advocate for our clients with all aspects of German adoption law. With our expertise, we ensure meticulous adherence to all formalities involved in the adoption process, thereby minimising unnecessary delays.

Our legal team possesses intimate knowledge of adoption placement criteria and official protocols, enabling them to proficiently deal with the intricacies of the adoption journey. From preparing comprehensive applications to facilitating document procurement, our team offers steadfast support at every stage of the adoption process in Germany. Additionally, we provide counsel on adult adoption, a significant consideration in matters of German inheritance law.

Whether you’re faced with the complexities of adopting a child or seeking legal guidance on adult adoption, our legal services are tailored to meet your needs. Trust Schlun & Elseven Rechtsanwälte to provide unwavering support and expert counsel throughout your adoption journey in Germany.

For some women and couples, medical complications or other factors can present obstacles to conceiving children. In such circumstances, considerations surrounding surrogacy, artificial insemination, or adoption often arise. While surrogacy may be legally permissible in certain countries outside the EU, it directly contradicts prevailing German laws.

Despite this legal disparity, many couples opt to pursue surrogacy abroad to fulfil their dreams of parenthood. However, the subsequent recognition of parental rights in Germany poses considerable challenges, often necessitating a protracted adoption process. Our team of German family lawyers provides comprehensive legal guidance on recognising surrogacy arrangements conducted abroad and facilitating adoption proceedings following surrogacy in Germany.

We are committed to assisting you in understanding the legal landscape and exploring viable options for realising your desire to start a family in Germany without encountering legal obstacles. Trust our expertise when facing the complexities of surrogacy recognition and adoption procedures, ensuring a smoother path to parenthood within the framework of German law.

In the face of an impending separation, our legal team stands ready to provide comprehensive guidance on the rights you can assert concerning separation and child maintenance, in accordance with German law.

Whether you are faced with divorce proceedings, seeking enforcement of maintenance claims, or striving to establish parental custody and access rights, we approach each case with thorough attention to detail. We understand that every family dynamic is unique, and we are dedicated to collaborating closely with you to craft a customised solution that serves your interests and those of all involved parties, particularly your children. Our priority is to ensure that your rights and interests are safeguarded throughout the legal process, whether through representation in court or via out-of-court settlements.

At every step, our German family family lawyers are committed to providing steadfast support and advocacy. Rest assured, we are here to assist you through every aspect of divorce and family law matters in Germany.

Divorce law in Germany is renowned for its intricate complexity, as issues concerning the dissolution of marriage intertwine with settlement matters, necessitating careful consideration during divorce proceedings. Consequently, divorces can be protracted and emotionally taxing experiences for those involved. As seasoned German family lawyers, we understand that not all divorces proceed seamlessly. Our approach prioritises the pursuit of amicable resolutions outside of court, primarily focusing on safeguarding the well-being of any children involved. However, should an amicable agreement prove elusive, we are fully equipped to represent your interests swiftly and effectively in court.

If you are contemplating divorce, we recommend familiarising yourself with our articles on divorce law to gain insight into pertinent issues. Our law firm offers expert guidance on various divorce-related matters, including but not limited to:

• Residence permits post-divorce
• Division of shared personal and business assets
• Spousal support and maintenance payments
• International divorce cases
• Custody and access rights concerning shared children

Whether you are currently embroiled in divorce proceedings or anticipating such proceedings, please do not hesitate to contact our law firm for the legal counsel you require. Having a seasoned German family lawyer by your side is essential for facing the complexities of divorce in German proceedings successfully.

While contemporary families often defy traditional gender roles, it remains common for one partner to shoulder the bulk of childcare responsibilities, enabling the other partner to devote more time to their career. However, this division of labour can result in significant discrepancies in the pension entitlements of spouses in the future.

Pension equalisation in Germany becomes imperative to address this disparity. This mechanism allows for considering the time and effort invested in childcare when determining pension entitlements. This is particularly crucial for individuals who primarily dedicated themselves to caring for their children and now face concerns about the potential loss of pension entitlements due to periods of non-employment.

Following a separation or divorce in Germany, critical questions often arise regarding child custody, access, and spousal maintenance and alimony rights concerning shared children. In these matters, the paramount consideration is always the “best interests of the child,” a principle enshrined in German law.

Typically, if the parents were married, joint custody is presumed. However, parents may voluntarily relinquish this arrangement, or it may be possible to pursue the withdrawal of joint custody. In cases where one parent fails in their duty of care or their custody is deemed detrimental to the child’s well-being, sole custody can be pursued, particularly in instances of domestic violence. Even if a child does not reside with one parent post-divorce or separation, that parent generally retains rights of access to the child. It’s essential for all parties involved to understand that contact and visitation rights remain unaffected by the parents’ separation or divorce. Under German law, parents are both entitled and obligated to maintain contact with their children.

However, under § 1684 Para. 4 BGB, the competent family court reserves the authority to restrict or deny contact rights if the child’s welfare is at risk. Such circumstances may include physical or sexual abuse, neglect, parental alienation, substance abuse within the household, or the threat of child abduction. If you find yourself facing these complex legal matters, our German family lawyers are here to provide guidance and support.

Divorce proceedings in the context of business and entrepreneurial marriages in Germany introduce additional complexities beyond the personal and private challenges. International clients, especially those unfamiliar with the German legal system, may find themselves facing notable risks that could profoundly impact the future of their company. Disputes often arise concerning ownership, control, and management of the business, adding layers of complexity to an already sensitive situation. Moreover, valuing the company presents a significant challenge during divorce proceedings in Germany. Various methods, such as capitalised earnings value and net asset value, are utilised to determine the company’s actual worth, with parties entitled to reciprocal access to information.

Dividing assets in the dissolution of a business marriage further complicates matters. Seeking guidance from a German family law firm with expertise in German contract, commercial and corporate law before entering into a prenuptial agreement is advisable to mitigate unforeseen developments. Our German family lawyers are equipped to outline your pre- and post-marriage options, ensuring clarity in property relations should divorce become a reality.

In an increasingly globalised legal landscape, international considerations are becoming integral to family law practice in Germany. For international clients facing family law issues in Germany, the intricacies of the German legal system can be daunting. Whether it involves marriage, divorce (including how a divorce may impact a German residence permit, ), maintenance claims, questions of parenthood, and the recognition and enforcement of foreign decisions in German family matters, our German family lawyers provide expert guidance on cross-border matters. We ensure that your rights and obligations are thoroughly examined and understood.

We understand the complexities of cross-border family law, necessitating proficiency in both German and international legal frameworks. With extensive experience in handling family law cases, our lawyers possess the expertise and determination to guide you through the complexities of multiple legal systems, safeguarding your rights every step of the way.

As globalisation continues to shape our world, international considerations have become increasingly prevalent in family law practice. For international clients facing divorce proceedings in Germany, grappling with the complexities of the German legal system can be daunting. When spouses hold different nationalities or reside in different countries, determining which legal system applies and which courts have jurisdiction becomes paramount. Even matters as seemingly straightforward as a marriage abroad can entail a high degree of legal complexity, necessitating consideration of EU regulations and international agreements.

Schlun & Elseven Rechtsanwälte provides skilled and dedicated legal assistance to meet the diverse needs of our clients. Our team of German family lawyers boasts extensive expertise and years of experience assisting clients from various national backgrounds. Whether you require guidance on prenuptial agreements, child abduction cases, child custody and access rights, cross-border maintenance claims, recognition or contestation of paternity, or enforcement of foreign court judgments in Germany, we are here to help.

Our services for international matters include:

• Drafting prenuptial agreements for spouses with different nationalities and changing places of residence (including provisions for a favourable choice of law),
• Comprehensive legal support in cases of international child abduction,
• Assistance with custody and access rights for spouses with different nationalities and changing places of residence,
• Pursuing cross-border maintenance claims, including enforcement of family law claims such as maintenance, equalisation of gains, and pension rights,
• Handling matters related to the recognition and contestation of paternity,
• Enforcement of foreign court judgments in Germany.

If your family law matters involve international aspects, please do not hesitate to contact us today. Our German family lawyers are available to provide tailored solutions to your needs and concerns.

Facing family law disputes across borders can present significant legal complexities, especially for international clients unfamiliar with the German legal system. Our team of German family lawyers is here to provide expert support in recognising and enforcing foreign judgments in Germany. Enforcing foreign judgments in Germany can be particularly challenging due to the involvement of different legal systems. While enforcement is typically smoother if the judgment originates from particular legal systems (such as another member state of the European Union), complications can arise.

For instance, enforcement may be denied if:

• the judgment contradicts German public policy,
• violates the defendant’s right to be heard,
• conflicts with another judgment involving the same parties,
• or contravenes specific jurisdictional rules.

To initiate the process of recognition and enforcement, the original foreign judgment or a copy issued by the same authority must be submitted. Our experienced legal team is experienced at facing these procedures and protecting your rights.

International child abduction cases require swift and decisive action. At Schlun & Elseven Rechtsanwälte, our legal team evaluates your entitlement to the child’s return and guides you through the process of seeking their safe return. We also support addressing the legal implications under criminal law, ensuring your rights are protected throughout. Furthermore, we recognise the sensitivity surrounding issues of domestic violence in Germany. Our legal team is dedicated to supporting you during this challenging time, exploring all available legal avenues to ensure your safety and protection. You do not have to face these difficult situations alone. Our experienced German family lawyers are here to provide compassionate guidance and unwavering support.

What happens behind closed doors does not necessarily have to stay there. Domestic violence is a grave issue that transcends borders and affects individuals, families, and communities worldwide. No one should ever have to suffer domestic violence in silence. International clients facing domestic violence in Germany may feel particularly vulnerable dealing with the legal system in a foreign country. However, it’s essential to know that you are not alone, and there are legal avenues available to protect you.

At Schlun & Elseven Rechtsanwälte, our German family lawyers offer comprehensive legal advice and representation suited to the unique needs of our clients. Our experienced attorneys understand the complexities of German family law and approach each case with compassion and understanding. We are committed to empowering victims of domestic violence, ensuring that their rights are upheld and respected. Whether you are seeking protection orders, pursuing legal action against your abuser, or exploring options for securing your safety and well-being, our legal team is here to guide you every step of the way. You deserve to live free from fear and violence, and we are here to help you assert your rights and reclaim your autonomy.