Family law deals with the most personal questions: separation, divorce, maintenance and the future of shared children. Our law firm in Berlin-Charlottenburg advises and represents clients throughout Germany – out of court, before the family court and in families with an international dimension. We work in German, Russian, Ukrainian and English.
Divorce and separation
A marriage is dissolved if it has broken down. The law presumes this after one year of separation if both spouses want the divorce, and after three years even without the other spouse's consent (§ 1566 BGB). We prepare the divorce petition and settle the related matters.
- Amicable and contested divorce, hardship divorce (§ 1565(2) BGB)
- Pension rights adjustment: division of pension rights acquired during the marriage (VersAusglG)
- Equalisation of accrued gains (§§ 1372 ff. BGB), marital home and household items (§§ 1568a, 1568b BGB)
- Separation and divorce settlement agreements
In detail: Divorce in Germany.
Maintenance for children and spouses
We calculate maintenance claims, request information on income and assets and enforce claims – or defend against unjustified demands.
- Child maintenance (§§ 1601 ff. BGB) based on the Düsseldorf Table, which is updated regularly
- Maintenance during separation (§ 1361 BGB) and after divorce (§§ 1569 ff. BGB)
- Variation of existing maintenance orders when circumstances change (§ 238 FamFG)
- Enforcement of maintenance orders, including against debtors abroad
In detail: Maintenance in Germany.
Custody and contact
The child's welfare comes first. The family court handles proceedings on the child's residence and on contact as a matter of priority and urgency (§ 155 FamFG); the youth welfare office (Jugendamt) is involved.
- Joint or sole parental custody (§§ 1626a, 1671 BGB)
- Contact rights of both parents (§ 1684 BGB), grandparents (§ 1685 BGB) and the biological father (§ 1686a BGB)
- Residence model or shared parenting (Wechselmodell), the child's place of residence and relocation
- Establishing and challenging paternity (§§ 1592 ff. BGB), adoption
Marriage contracts and assets
A marriage contract creates clarity before disputes arise. It must be notarised (§ 1410 BGB) and must not unreasonably disadvantage one spouse; otherwise it may be invalid.
- Separation of property or modified community of accrued gains
- Provisions on maintenance and pension rights adjustment
- Review of existing marriage contracts before a separation
- Coordination with wills and succession under inheritance law
International families
If spouses have different nationalities or married abroad, the first questions are which court has jurisdiction and which law applies. Within the EU, this is governed among others by the Brussels IIb Regulation and the Rome III Regulation.
- Divorce in Germany after a marriage abroad
- Recognition of foreign divorces (§ 107 FamFG)
- Return of abducted children under the Hague Child Abduction Convention
- Coordination with immigration law if the residence permit depends on the marriage
How we work
- Initial consultation: we clarify your situation, your goals and running deadlines.
- Strategy: you learn which claims exist, which documents are needed and whether an agreement is possible.
- Representation: we negotiate with the other side and represent you before the family court.
We agree on the format and fee with you before we start.
Selected cases from our practice
Every case is different; past results are no guarantee of the outcome of your case.
- Divorce in Germany: how the proceedings work
- Amicable divorce with division of assets by marriage contract
- Division of assets on divorce
- Maintenance during separation (§ 1361 BGB)
- Enforcing child maintenance
- Contact with the child: whose interests come first?
- Shared parenting (Wechselmodell) after separation
- Child abduction: return under the Hague Convention
- Challenging paternity
- Marriage contract: details of drafting
All articles in this section
A complete list of guides and cases from our practice in this area of law.
- Divorce in Germany: Procedure, Timeline and Costs
- Maintenance in Germany: Child and Spousal Support
- Adopting a Foreign Child & Family Reunification
- Adult Adoption in Germany: Requirements & Process
- Marital Agreements in Germany: Do They Prevent Disputes
- Marital Agreement vs. Joint Will in Germany
- Drafting a Marital Agreement in Germany: Key Nuances
- Deprivation of Parental Rights in Ukraine
- Recovering Court Costs in a Divorce
- Recovering Child Support in Germany
- Reducing Child Support Payments
- Child Support After Divorce in Germany
- Divorce the German Way: How It Works
- German Family Law Case Law Overview
- Parental Rights in Germany: Custody and Contact
- Dividing Property in a German Divorce
- Attaching Property in a German Divorce
- Reclaiming a Gift After a Divorce in Germany
- Breach of Duty of Care Under § 171 StGB
- Kindergeld for Foreigners in Germany
- Kindergeld for Foreign Specialists in Germany
- Fighting for Kindergeld in Germany: Refusal Overturned
- Changing a Surname in Germany: Procedure
- Changing a Newborn's Name in Germany
- Divorcing a Spouse in Ukraine During Wartime
- The Right of Contact With a Child in Germany
- Case Law in Family Matters in Germany: an Overview
- Disputing the Date of Separation
- Disputing the Separation Date at Divorce
- Grounds for Divorce in Germany: §§ 1564–1568 BGB
- A Spouse's Threats During Divorce: Forced Eviction
- Divorce and Child Maintenance When Moving Abroad
- Registering a Marriage in Denmark for Residents of Germany
- Amicable Divorce in Germany: Dividing Property
- Establishing Paternity: German Law vs. British Law
- Spousal Maintenance During Separation — § 1361 BGB
- Why You Need a Lawyer for a German Divorce: A Real Case
- Sole Custody for a Single Mother in Germany
- When Parents Cannot Agree About Their Child: Moving Abroad and Custody
- How a Father Kept His Parental Rights
- Raising Children Is Serious Business – Especially When the Jugendamt Steps In
- The Right of Contact With a Child in Germany
- Contact With the Child in Germany: Custody, Contact and a Suspicion of Drug Use
- Stepchild Adoption Despite a Negative Statement by the Jugendamt
- Grandparents and Grandchildren: Protecting the Child’s Right to Contact With Relatives
- Children Caught Between Their Parents
- Restricting a Father's Contact Rights in Germany
- Child Abduction: Return to Germany Under Hague Convention
- Alternating Residence Model (Wechselmodell) in Germany
- A Biological Father's Right to Contact With a Child
- Wechselmodell for a Toddler: Why Courts Delay It
- A Mother's Right to Contact With Her Son After Divorce
- Reversing the Wechselmodell: Changing a Child's Residence
- Establishing Paternity and Child Support via DNA Test
- Challenging Paternity to Recognize the Biological Father
- Paternity of the Biological Father During Divorce
- Paternity: Conflict Between German and Latvian Law
- Challenging Paternity Despite a Social Bond: § 1600 BGB
Frequently Asked Questions
How long does a divorce take?
An amicable divorce after the one-year separation period often takes only a few months. The duration depends mainly on the pension rights adjustment and the workload of the family court.
Do both spouses need a lawyer?
No. The divorce petition must be filed by a lawyer (§ 114 FamFG). The spouse who only consents does not need their own lawyer. However, one lawyer cannot represent both spouses.
Can we live separately while still sharing a flat?
Yes. Separation is also possible in the same flat if you no longer run a joint household (§ 1567(1) BGB).
How is child maintenance calculated?
According to the income of the parent the child does not live with and the child's age. The Düsseldorf Table serves as a guideline; child benefit is partly credited (§ 1612b BGB).
Who gets custody after the divorce?
Joint parental custody generally continues. The family court transfers sole custody only on application and only if this is in the child's best interests (§ 1671 BGB).
Is a prenuptial agreement valid without a notary?
No. A marriage contract must be notarised (§ 1410 BGB). Terms that unilaterally disadvantage one spouse can be invalid even then.
How much does the initial consultation cost?
It depends on the nature and scope of your matter – from a short free assessment to a full initial consultation. Fees are agreed individually: every case is discussed personally with the lawyer, and we always tell you the cost before the consultation begins. We do not give general legal information without reviewing your specific case. If you then instruct us in the same matter, the fee for the initial consultation is credited against the further fees (§ 34(2) RVG).