Attorney Anja Bothe and Attorney Catrin Gastberg
Few things can be as difficult as family conflicts These can be difficult very quickly and those involved find themselves in psychologically and financially stressful disputes.
Family law is very strongly influenced by case law, some of which varies from region to region, and the different living conditions of those involved.
Well-founded and highly qualified family law advice is essential in order to protect your interests and to settle the dispute as quickly and as well as possible under the circumstances.
We advise and represent you in all areas of family law. Reasons for disputes in family law are in particular:
Separation / Divorce
Disputes in the separation and divorce of relationships are extremely stressful for those involved and can cost a fortune. We will be happy to advise and support you with all related questions regarding the separation and subsequent divorce or dissolution of the civil partnership. This applies in particular to the right time to initiate legal proceedings or to react to proceedings that have already been initiated and all related issues. A lawyer is compulsory for the initiation of court divorce proceedings, regardless of the type of divorce (consensual or contentious) and how long the separation period was.
There are maintenance obligations between spouses/life partners and between parents and children (child maintenance/parental maintenance) and possibly between other relatives in the straight line (grandparents/grandchildren).
The legal requirements differ considerably. What all maintenance issues have in common, however, is that all related issues depend on the individual case and require precise knowledge of the relevant case law.
This applies both to the question of whether maintenance is owed and to the question of the amount of maintenance owed. In particular, issues such as ability to work, need, income, employee bonus, deductible, (fictitious) value of household management and child-rearing, obligation to work, pecuniary advantages, housing advantage, marriage-related disadvantages, cessation, limitation and reduction as well as forfeiture are important.
A thorough examination and advice based on precise knowledge of the legal regulations, guidelines on maintenance law and relevant case law is then essential for optimal protection of your interests, also to decide whether a legal dispute is necessary or an agreement between the parties involved is possible.
Questions of wealth / equalization of gains / household goods
Questions of property are often of considerable importance in connection with separation and divorce. This concerns in particular the question of what common property is and what happens to the common property.
A common misconception is that in marriage/partnership everything becomes the joint property of the spouses/partners. However, this question depends on the so-called marital property regime. The general case is the so-called community of gains, according to which nothing changes in the ownership situation, but both spouses/partners should each share half of the capital growth during the marriage/partnership.
On the other hand, the situation is different for household effects, ie all movable objects that were acquired during the marriage/partnership and are or were used in the common household and serve to lead a common life. Common ownership is presumed.
Furthermore, the question of the future use of the marital home or partnership home must also be clarified regularly, whereby a court-appointed apartment allocation can also be applied for.
In the event of a divorce, a decision must regularly be made on the equalization of pensions, ie on the internal division of pension entitlements and pension entitlements acquired during the marriage.
The related questions are diverse and complicated, which is related to the multitude of pension schemes, such as statutory pension insurance and other standard security systems such as compulsory professional pension schemes, civil servant pension schemes and company and private pension schemes. Special constellations can also arise, for example, in the case of private pension insurance with a lump-sum option.
Parental rights / parental rights / rights of access
A key issue in separation and divorce are questions regarding joint/adopted minor children. Related issues include the exercise of parental responsibility for the child’s personal and financial interests, child support, the right to determine residence, and the frequency and duration of visitation rights.
Disputes in this area are often very stressful for everyone involved. The interests of the child must be given priority. Our legal advice and representation therefore also extends to bringing about clarification as quickly as possible, whether through judicial proceedings or a legally binding out-of-court agreement.
In addition, we also offer mediation, ie the clarification of conflicts with the help of a dispute mediator. For this purpose, the lawyer and licensed mediator BM® Olav Sydow is available as a contact person.
The fees for legal work result from the Lawyers’ Fees Act and are calculated on the basis of the object value resulting from the subject matter of the dispute or we will make an individual fee agreement with you.
Low-income citizens can obtain legal aid to pursue or defend their rights in family court proceedings.
Arrange a meeting with us. We will be happy to clarify all pending questions with you in detail and at your leisure.