German family law cases with international aspects, international cases with German legal elements and other cross-border legal matters often require particular legal expertise, and German family law legal opinions are often needed in complex cases.
This is particularly the case when the legal status of one country has to be aligned with another. In these cases, it is convenient to have a legal opinion that gives an overview of the legal matter at hand. Frequently, we have parties, such as international courts, foreign law firms, or private clients with cross-border legal problems that require our help to guide them to a solution that satisfies their needs and complies with German law. The different scenarios depend on the legal issue that needs to be solved. We summarised some scenarios to give a general idea of when they become relevant and why they matter.
Schlun & Elseven Rechtsanwälte generally offers a broad spectrum of services in German family law. Our family law team is trained and experienced in handling national and international legal matters.
Legal Opinions in International Family Law: Scenarios
Typically, there are two different scenarios in which a legal opinion is needed. It will usually involve either a particular question about a precise legal situation or an overview of a general legal situation under German family law.
Legal Opinions for Foreign Courts
The precise questions are often requests from courts in different jurisdictions whose legal matters overlap with certain affairs in German law. In previous cases we have been contacted by foreign courts that were handling an international adoption case. The foreign court requested a legal opinion about the legal aspects of the adoption procedure in Germany. We provided them with information about both legal and practical steps concerning the timeframe of such procedures and what administrations have to be involved. They also needed to know how to get an ID card, which documents are required to emigrate to Germany and to what extent documents from a foreign country are accepted in Germany. The legal opinion also included what requirements are to be met to be recognised by a German court.
This is crucial because contrasting laws can apply, especially when facing international legal cases. Sometimes, it is possible to choose the law applied to the case. For international adoption cases, for example, depending on the country where the child was born and where the intended parents live, the law being applied can change. It then becomes helpful to have legal opinions at hand that lay out the legal status of the country so that you can choose the most suitable solution for all parties involved.
Legal Opinions for Foreign Law Firms
On the other hand, we are also frequently requested by other international law firms who have a client with legal issues in which German law becomes relevant in one way or another. Here, we often provide Legal Opinions with a general overview so that the respective law firm can then choose the best option for their client that complies with both the foreign and the German status. An example of this scenario would be an international divorce case.
No matter which scenario, the international family law legal opinions serve to ensure that German legal status is considered so that there will not be any legal issues regarding it.
Legal Opinions for Private Clients
Family law legal opinions for private clients may become relevant regarding the law relating to "the use of name" or surrounding German and international surrogacy matters. Preparing legal opinions becomes especially applicable for the latter as they give our clients an overview of the legal status of the country where they wish to perform surrogacy. Here, legal information about recognising legal parentship or custody rights plays a relevant role in choosing the country and preparing for the necessary steps that need to be taken. A German family law legal opinion about these matters allows our clients to select the most fitting option.
A possible scenario regarding the law of the use of name is a performed surrogacy abroad when the parents have not yet been recognised as the legal parents according to German law. The newborn baby's surname depends on the law relating to the use of name of the country of their birth. Our family law legal opinions then serve to give an overview of the legal situation and what can be done according to German law to reach the legal result that is wished for.
These are merely a few examples. At Schlun & Elseven Rechtsanwälte, we handle a wide array of national and international family law matters, offering expert guidance on issues that demand both precision and a deep understanding of cross-border complexities. Our team is adept at dealing with even the most intricate family law challenges domestically and globally. Should you require assistance, please do not hesitate to contact us — we are here to provide the solutions you need with the expertise to match.
Practice Group: German Family Law
Practice Group: German Family Law
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