International Family Lawyers

Cross-border marriages, in which people from different countries marry, are commonplace today. Nevertheless, such marriages often require the clarification of legal issues relating to property rights and recognising foreign marriages. For example, clarifying the distribution of marital assets for couples of different nationalities (primarily if their assets are located in other countries) is now part of a family law lawyer’s everyday work. A prenuptial agreement is usually a suitable form for such a marital agreement. If legally valid, this takes precedence over the statutory regulations on allocating assets in the marriage. In this way, not only can it be agreed on which assets are to go to which spouse in the event of a divorce, but it can also be agreed on which legal system is to be applied in the event of a dispute.

In addition to the formal recognition of the marriage and the marriage agreements, there may also be legal difficulties if one of the spouses previously lived in another country. In Germany, several conditions apply to family reunification in the form of spousal reunification. Our legal experts ensure that all documents are legally sound and comply with applicable international standards to provide the necessary security for couples entering such cross-border unions.

Divorces in international marriages can present a complex web of legal issues. Without legally effective prenuptial agreements, the question arises under which law an international marriage is considered validly concluded or divorced and which court has jurisdiction in the event of a dispute. The Rome III Regulation is decisive here. This regulation, which takes precedence over German national law, stipulates that the law of the country where the spouses have their habitual residence when the court is called upon is generally applicable. As a rule, married couples, regardless of nationality, can divorce under German law if they live in Germany.

The Rome III Regulation also provides exceptions, for example, if the spouses have different places of habitual residence. As a result, other countries may assess jurisdiction differently, which means that divorce under German law is not recognised as legally effective there. In addition to the Rome III Regulation, other regulations, such as the Brussels II Regulation, also apply. It should also be noted that agreements from other countries may also play a role, meaning that special requirements may arise for nationals from some other countries.

The question of residence status after a divorce is also legally complex and extremely important for those impacted. Under certain circumstances, the spouse who had a residence permit due to the marriage may no longer be allowed to stay in Germany after the divorce. At Schlun & Elseven Rechtsanwälte, our experienced divorce lawyers are ready to advise our clients on such matters. Our team will ensure that the divorce proceedings comply with the applicable international standards in every respect and that our client’s rights and interests are always protected.

When parents from different countries separate or divorce, the child custody issues in such cases are often highly complex. One parent may decide to return to their home country (with the child) after the separation. Such a decision can trigger disputes about custody, access rights, and the child’s welfare. In the event that one parent wants to take the child abroad against the will of the other parent and in the event that one parent withholds contact with the child from the other, a quick solution is required while safeguarding the child’s best interests. Establishing contact arrangements in court also makes it possible to achieve the fairest possible balance between the parents’ contact rights. Such international child custody conflicts are legally resolved using various agreements.

The complexity of international legal disputes is also evident here, as the following EU agreements come into question for child custody conflicts across national borders, the reciprocal application of which must also be taken into account:

• Brussels II b Regulation,
• the Hague Convention on the Civil Aspects of International Child Abduction (HCCH),
• the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children (CSA) and
• the Luxembourg European Convention on the Recognition and Enforcement of Decisions concerning Custody of Children and the Restoration of Custody of Children (CCD).

In addition to the legal complexity, disputes relating to access rights are often emotionally charged. Our legal experts are experienced in finding sustainable solutions that protect the child’s welfare and the rights and interests of the parties involved.

International child abduction cases occur whenever one parent takes a child across national borders without the consent of the other parent or in violation of a custody order. In such situations, it is essential to take immediate legal action. Our legal experts are experienced in dealing with international child abduction cases, utilising international treaties such as the “Hague Convention on the Civil Aspects of International Child Abduction” to ensure the safe return of the child and safeguard parental rights.

International adoption is a highly emotional and complex journey with legal, cultural and logistical challenges. When a child is adopted from another country, legal requirements regularly come into play regarding the child’s best interests and compliance with international agreements such as the “Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption“. In addition, the adoption must be legally effective and recognised by the requirements of the country where the adoption takes place and by the provisions of the country where the family’s habitual residence is located. Our comprehensive support with international adoptions ensures the process complies with domestic and international standards.

Surrogacy arrangements where the intended parents interact with a surrogate mother in another country regularly present a host of legal and ethical challenges. In particular, it is essential to bear in mind that surrogacy is prohibited by law in Germany and that the doctor involved is liable to imprisonment. Our lawyers offer comprehensive support to ensure that the surrogacy agreement complies with German law and the laws of the countries involved. We explain relevant issues that our clients may face, such as citizenship and parental rights. As a multidisciplinary full-service law firm, we guarantee expert-based solutions that ensure that your rights, interests, and international standards are always upheld.

The challenges mentioned above are just some of the inherent problems of international family law cases that our team can assist you with, both in English and other languages. Whether you are dealing with marriage, divorce proceedings or pension equalisation issues, the lawyers at Schlun & Elseven are the right people to contact for all family law matters. Our family law practice group supports you in national and international legal matters. Regardless of whether your case involves a legal dispute between spouses or concerns relating to custody, contact or maintenance of joint children – we will be happy to explain your rights and obligations and represent your interests both in and out of court. Please do not hesitate to contact us to learn more about our services. We look forward to working with you.