German-British Divorce Lawyers in Germany

Brexit has significantly complicated many legally relevant issues associated with binational divorce cases (including residence permits and citizenship issues). Accordingly, simplifications under EU regulations no longer apply – which, as a first step, already impacts the applicable law and the jurisdiction of the courts. This arrangement applies if the spouses have agreed – for example, as part of a marriage contract (prenuptial agreement) – which legal system is to be used for any divorce. Otherwise, the law of the state of which the spouses are nationals or in which the spouses had their last habitual residence applies according to German regulations. It must be assessed on a case-by-case basis which law applies and which court has jurisdiction. 

Our international divorce law team will provide an overview of all family law provisions that must be considered in your situation. Tax law, immigration law, inheritance law and other areas of law often significantly impact divorce cases and, therefore, require special attention. As a multidisciplinary law firm, Schlun & Elseven Rechtsanwälte analyses your situation from all legal perspectives.

We offer all our services in both German and English. If you are not a native German speaker (or have limited knowledge of German), our team will ensure that you are fully informed about the process in Germany and receive clear guidance in English.

In divorce cases in Germany, the German courts tend to follow the principle that regular contact with both parents is in the child’s best interests. This principle naturally applies to every case – even in international divorces. Particularly if the separated parents will be living in different countries in the future, there are unique challenges in regulating joint contact and custody rights as well as determining the place of residence and whereabouts of the children. In practice, applications for sole custody of one parent often arise in such constellations. Parents can also voluntarily waive joint custody during the divorce proceedings. If you are pursuing such a plan, we strongly recommend seeking advice from an experienced family lawyer.

Another distinctive feature of a binational divorce is the risk of accusations of international child abduction. The child may be taken to Germany or the United Kingdom without the consent of the other parent – such a procedure is very stressful for the parent concerned, and possibly the child, and is always legally categorised as “child abduction.” We therefore strongly advise against such a plan: The child’s whereabouts must always be agreed with each custodial parent. If the other parent refuses the child to stay with you or has taken the child without your consent, you should seek legal assistance immediately and assert your rights in court.

The division of assets following a divorce can be contentious. The marital contract (prenuptial agreement) can provide an outline for how property and other assets will be distributed. The spouses can also consult with their respective lawyers regarding dividing the assets. Assets can also often be divided based on their nature and whether they were acquired before or after the marriage. Generally, under German divorce law, the assets accumulated during the marriage by both partners will be divided.

Such steps can also apply to the debts accrued. Should one spouse be the sole owner of a property or asset, they are liable for any debt. Similarly, where one of the spouses is contractually obliged to finance a deficit in most cases, they will be the ones to repay it.

Entrepreneurs with business assets face particular challenges in divorce proceedings regarding the division of business assets. Without a contractual agreement by prenuptial agreement, the company itself can be divided up in the event of a dispute, which can result in considerable operational disadvantages and losses.

Not only should divorce and the associated division of assets be planned and legally supported, but a divorce can also result in long-term financial obligations. Child support and spousal maintenance are particularly important in this respect.

The enforcement of maintenance payments for children and spouses in cross-border divorce cases often involves complex proceedings. The Hague Protocol for Child Support is a means by which courts abroad generally recognise decisions made by other members of the Protocol (including Germany). The United Kingdom is also a member of this agreement, which means that the courts there are more likely to follow court decisions made in Germany in child support matters. Our family lawyers will answer all your questions about child maintenance law and other maintenance payments.