Separation and Divorce

A separation immediately raises a wide range of legal questions that often need to be addressed simultaneously and under time pressure. Ms. Winstroth helps clients work through these questions in a structured way – from managing the initial separation to initiating divorce proceedings and reaching an agreement on all consequential matters. She places particular emphasis on a realistic assessment of the legal position and clear communication about available options and likely outcomes. Her advisory services cover:

• Separation and post-marital maintenance,
• Child maintenance and the Düsseldorfer Tabelle (the standard German maintenance schedule),
• Equalization of accrued gains (Zugewinnausgleich) and asset division,
• Pension rights equalization (Versorgungsausgleich),
• Arrangements regarding the matrimonial home and household contents,
• Drafting and reviewing prenuptial agreements and divorce settlement agreements.

Custody and Contact Rights

When parents separate, questions concerning their children typically generate the greatest need for discussion and resolution. Ms. Winstroth supports parents in developing custody and contact arrangements that serve the best interests of the child while remaining practically workable. She advises on joint and sole custody, the right to determine a child’s place of residence, and the design of contact schedules, and enforces existing arrangements when a parent fails to meet their obligations. In contested proceedings before the family court, she represents her clients’ interests with determination and focus.

Spousal Maintenance and Alimony

Maintenance disputes are among the most contentious areas of family law – and among those where calculation errors or missed deadlines can have lasting financial consequences. Ms. Winstroth advises both maintenance creditors and debtors: she calculates child maintenance claims under the Düsseldorfer Tabelle, assesses the paying party’s financial capacity, and advises on disclosure obligations. In spousal maintenance matters, she analyzes relevant income circumstances, evaluates issues of time limitations and forfeiture, and negotiates toward durable arrangements. She also reviews existing maintenance obligations to determine grounds for varying them, for example, where income or life circumstances have changed.

Equalization of Accrued Gains and Asset Division

The division of assets following a divorce requires careful documentation and well-grounded legal analysis. Ms. Winstroth assists clients in identifying and enforcing claims to equalization of accrued gains (Zugewinnausgleich), advises on disclosure and documentary obligations, and handles contested proceedings before the family court. Preventive planning is a particular focus of her practice: a well-drafted prenuptial agreement allows financial matters to be settled at an early stage with legal certainty – especially where business assets, real estate, or substantial inheritances are involved. Ms. Winstroth drafts and reviews such agreements and advises on the limits of contractual freedom in this area.

Adoption Law

Adoption law makes significant demands on all parties involved – legally and personally. Ms. Winstroth advises prospective adoptive parents on the statutory requirements for adoption, the differences between the adoption of minors and the adoption of adults, and the legal consequences an adoption has for existing family relationships, maintenance claims, and inheritance rights. Clients receive a clear assessment of their legal options before taking far-reaching decisions.

Protection Against Domestic Violence

In situations involving domestic violence, every hour counts. Ms. Winstroth acts swiftly and purposefully in such cases: she obtains interim injunctions under the Protection Against Violence Act (Gewaltschutzgesetz, GewSchG), applies for the allocation of the shared home to the affected client, and handles all further court proceedings required to secure their safety. Domestic violence encompasses more than physical assault – psychological violence, threats, and stalking also fall within the scope of the GewSchG and can be effectively addressed through legal action. Ms. Winstroth advises those affected of their rights and enforces them with the resolve the situation demands.