Best Lawyers Near You in Munich, Germany for Family Law

Family law is extensive and includes affairs such as engagement, marriage, and divorce, to blood relationship, curatorship, filiation, civil status, and protection against domestic violence and stalking. In the field of family law are also included the rights involving registered civil partnerships and non-marital partners. However, the material scope of family law can be interpreted in a narrow or broad manner depending on the provisions of applicable law.

In this context, it must be mentioned that in cases of family law containing a foreign element, such as spouses with different nationalities or living in different States, the international regulation concerning jurisdiction and the recognition and enforcement of judgments in family matters can take precedence over national law.

The most relevant areas of activity appear to be all legal matters in connection with entering into marriage, as well as the respective divorce and/or separation, child and spousal maintenance, parental custody, and the right of contact between child and its parents. Liquidation and division of property are included with special significance in the areas mentioned above.

Even before getting married, the question arises whether a marriage contract should be concluded or if the respective statutory terms should be applied. In case of mixed-nationality marriages, the question also arises about the applicable law and how an agreement on choice of law or of any term thereof should be done, especially with regard to its validity.

The maintenance claim comprises the area of spousal support (maintenance during separation of the spouses and maintenance after divorce), as well as maintenance claims of legitimate or illegitimate children against the parents, grandparents, etc., and claims between parents that are not married.

In case of a court decision or settlement about the payment of maintenance, it is possible to claim the amendment in relation to the amount of maintenance or even the recovery of undue payments. In certain cases it is also possible to claim maintenance for the past.

In the event of urgency it is possible to make use of the urgent legal procedures.

German family law enables different property regimes. In general, for purposes of enforcing a monetary claim, the debtor is under obligation to provide information on his assets. In doing so, the amount of the claim can be calculated correspondingly.