Kontny Law Firm – your lawyer for trustworthy advice

Family law

Family law attorney

Family law affects everyone

Everyone lives in social circumstances that can sometimes be challenging. It is well known that difficulties can arise. A good example is the high divorce rate of around 40 percent in Germany.

Family – a fundamental right

In order to meet the demands of increasingly complex family relationships, family law is of crucial importance. This area of law is fundamentally protected by Article 6 Paragraph 1 of the Basic Law (GG). This emphasizes that marriage and family must be particularly protected by the state. The term marriage refers to the traditional model, which was expanded to include same-sex marriage by the Marriage Opening Act in 2017. Spouses have the freedom to enter into and structure the marriage according to their ideas, especially with regard to the property regime in which they want to live. Registered civil partnerships and non-marital partnerships do not fall within the scope of application of marriage law. These are subsumed under the broader concept of family. This also includes other relatives, especially children, regardless of whether they are biological or legal (e.g. through adoption or recognition of paternity). This also comes with parental rights. Parents have the right to raise their children, but also the duty to care for them. This gives rise to custody and access rights, decision-making rights in matters of upbringing and maintenance obligations. The well-being of the child has the highest priority in all areas.

Do you need support with questions about family law?

This is how we settle disputes within the family

Family law is in Civil Code (BGB) regulated in paragraphs §§ 1297-1921. This also applies to registered civil partnerships Civil Partnership Act (LPartG). Disputes in family law are governed by the Family Procedure Act (FamFG). The FamFG distinguishes between family and family disputes in sections 111 and 112 FamFG. Family matters concern violence protection matters, questions of parentage, adoption or other household and parenting issues. Family disputes include in particular property law, maintenance obligations and pension adjustment. Divorce proceedings in connection with the year of separation are part of matrimonial matters. According to Section § 12 of the Specialist Lawyers Act (FAO), family law also includes references to inheritance, corporate, social and tax law as well as family law procedural and cost law. Questions about the jointly managed company and the amount of maintenance claims are also relevant Düsseldorf table. Family courts, i.e. separate departments of the district courts, as well as the higher regional court in the following instance are responsible. These work closely with the local youth welfare offices.

Marriage – The optimal approach

Are you about to get married or are you already newly married? Have you thought about a prenuptial agreement or do you want to prepare for the event of a divorce? In such cases it is advisable to consult a lawyer. Statistically speaking, around 40% of marriages end in divorce, which often leads to disputes over maintenance claims and the equalization of gains. Even if you agree on most things, you shouldn't risk uncertainty when it comes to financial matters or your children. It is better to regulate these aspects legally correctly. As a law firm that specializes in family law, we would be happy to advise you on the drafting of prenuptial agreements or separation and divorce consequences agreements. It makes more sense to come to an agreement by mutual consent rather than having to fight later in a laborious divorce process. It is crucial to seek professional help. We will act as a neutral authority for you and provide objective advice in order to create a fair balance for both parties.

Do you choose counseling or a prenuptial agreement? Thanks to our extensive professional experience as lawyers, we are able to answer all your legal questions. This means you can enter your marriage worry-free and well prepared.

How can an amicable divorce go smoothly?

Do you want to have an amicable divorce? Do you have children or assets in common and would you therefore like to separate amicably? Divorces can only be decided in court divorce proceedings. The submission of a divorce application as well as proceedings regarding maintenance and pension adjustment are subject to the requirement of a lawyer. It is therefore important to us that you are professionally represented in a process. Our goal is your fair divorce. We will provide you with comprehensive advice so that you do not miss any claims or end up with costs later. We accompany you from the year of separation to the divorce decision. Before filing for divorce, we calculate your maintenance and compensation claims. We correspond with the spouse and find an acceptable solution regarding custody and the equalization of gains. Our maxims are the best interests of the child and a fair maintenance agreement.

Do you want to have an amicable divorce? With our free initial consultation you can avoid unnecessary court costs, prevent nerve-wracking disputes and save valuable life time. As a lawyer, I am at your side and will help you achieve a quick and smooth divorce.

Non-amicable divorce – what should I pay attention to?

Are you desperate to divorce your spouse? Are you no longer able to agree in your marriage? As a lawyer, I can help you out of this difficult situation. In a consultation, we clarify your financial situation and discuss the first legal steps. At your request, we will submit the divorce application to the family court. We will then enforce your claims in the divorce proceedings. This not only includes questions of matrimonial property law, such as the equalization of gains or maintenance obligations, but also custody and access rights with your child. In a free initial consultation, we will give you information about what you should pay attention to.

We support you with your divorce!

We work on the pulse of current case law.

Since the social environment of each client is highly individual, family law is constantly being renegotiated. This always affects important personal life decisions, such as recently at the Frankfurt Higher Regional Court (OLG), which decided a family dispute about the vaccination of their child. The authority to decide whether a child should be vaccinated against the coronavirus (SARS-CoV-2) can be transferred to the parent who follows the recommendations of the Standing Vaccination Commission (STIKO). The child's well-being should be particularly taken into account here. The well-being of children is also promoted by the fact that grandparents have to make maintenance payments to their grandchildren, as the Federal Court of Justice (BGH) has decided. If the parents responsible for maintenance cannot meet the financial obligation, the grandparents can be relied upon as direct relatives. However, parents also have certain rights that must be enforced. The BGH recently decided that sperm donors, like other biological “normal” fathers, have access rights to the children. The adoptive parents' parental and custody rights must be respected, but do not generally exclude contact with the donor.

We offer sound advice on all questions regarding family law.

My work for you

The questions you face can be complicated and lead to difficult and stressful situations. Children in particular often suffer from these circumstances. As family law attorneys, we are here to help you. We take care of all family law matters and ensure that you get your rights. With legal support you can ease your situation and defend yourself in and out of court. Our services include:

Marriage

Services:

Preparation of marriage contracts
Preparation of separation or divorce consequences agreements

Amicable divorce/separation

Services:

Filing a divorce petition
Calculation of maintenance claims
Creation of maintenance agreements
Settlement of claims
Arrangement of custody rights
Settlement of real estate disputes

Non-amicable divorce

Services:

Filing a divorce petition
Representation before the family court
Lawsuit for maintenance claims
Regulation of the equalization of gains
Custody/visit rights

I support you with your legal matters

Frequently asked questions (FAQ)

How is the compensation for gains calculated?

If spouses live in the community of accrued property (i.e. if no marriage contract or other agreement has been made), the spouse with the larger accrued property is obliged to leave half of it to the other spouse. The initial and final assets of both partners are offset against each other. Half of the difference is awarded to the other spouse.

What is a legal guardian?

When the court is dealing with a visitation or custody matter, it appoints a so-called legal guardian with the task of also dealing with the matter. This legal guardian is intended to help the court make a decision; The legal guardian is, so to speak, the “child’s advocate”.

Conversations and mediation

A legal guardian should contact not only the parents, but above all the children in order to find out their interests. As a rule, the procedural counsel gives information before the provide a comprehensive written statement at the court hearing.

Cooperation

Parents who are currently involved in visitation or custody proceedings should try to approach the legal guardian with a positive attitude.

What is meant by family matters and family disputes?

Family matters and family disputes are listed in Sections 111 and 112 of the FamFG. The following family matters are mentioned: marriage (divorce, annulment, nullity), childhood, parentage (contesting paternity, establishing paternity, declaration of parentage), adoption, protection against violence and marital home and household matters. Family disputes are a sub-case and include maintenance, property law and other family matters.

What does the legal property regime mean?

The property regime refers to the financial situation of the spouses. If the spouses have not made any other agreement, the legally regulated property regime of the community of gains applies. According to this regulation, both spouses manage their assets independently of each other.

How long does the year of separation last?

The separation year usually lasts 12 months. However, it can be shortened in certain cases of hardship, for example if living together is unreasonable for one of the partners or the other partner has behaved seriously incorrectly.

What are the tasks of the family court?

As a lawyer, I specialize in all legal matters relating to family. The family court is responsible for all family matters and family law disputes. It also decides on questions regarding the religious education of children or the business activities of minors.

What does the disruption principle mean?

A marriage can only be divorced if it is considered to have failed. After the year of separation has passed, it is assumed that the marriage has broken down. The breakdown principle has replaced the guilt principle, making the specific reasons for divorce irrelevant.

How is the maintenance claim calculated?

There are different forms of maintenance: child maintenance, separation maintenance and spousal maintenance. The calculation of maintenance is based on various criteria, such as net income, allowances, assets and the age of the child. The Düsseldorf table is usually used as a benchmark for child support.

Who gets custody after a divorce?

In principle, the parents retain joint custody after a divorce and must therefore reach an amicable agreement. The parent with whom the child is currently staying can decide on matters of daily life. If there is disagreement, the family court can give decision-making power to one parent. The top priority here is the well-being of the child.

Are marriages also possible for same-sex couples?

According to the Marriage Opening Act, civil partnerships outside the traditional model are also recognized as marriages.