Marriage contracts, maintenance claims or custody disputes: We not only look at the case, but also at the people behind it – with their relationships and their histories. We meet individual situations in life with creativity and a rich choice of methods. We plan personalised strategies to help you find the right path for your specific situation. If it is unavoidable to fight for your interests in court, you can rely on our experience and competence there as well.
Focuses in
family law
Marriage contracts
Many people in love consider the thought of the end of their marriage unromantic at the time of their wedding. Considering the legal consequences, however, it is advisable. Take care early on! A customised marriage contract with provisions on asset regime and custody claims can make processes much easier in case of divorce or other legal issues.
Parental agreements
Parental agreements design the relationship with the child and should always consider the child's well-being. Custody or contact agreements are of social legal relevance when parents are unmarried or living separately. We will inform you about theoretical basics, amicable solutions and their influence on court proceedings.
Separation agreements
A written separation agreement will pave the way to an amicable divorce and stipulate all the important subjects from contact with children to separation maintenance to division of the household goods. Profit from the well-founded legal consulting by our specialists for a solid separation agreement that cannot be touched by a court.
Divorce agreements
While separation agreements are usually limited in time until the divorce is final, the divorce agreement contains all provisions for the time thereafter: spousal maintenance, custody or division of accrued gains. It is only an option when both spouses are interested in finding an out-of-court agreement about the consequences of divorce.
Divorce of marriage and its consequences
A divorce has emotional effects on the parties and consequences for all areas of life that were previously shared: joint acquisitions, financings, provisions made – who will receive which share? Tact is needed in particular when children are involved in a divorce. Harsh disputes can be avoided by involving our legal support
Maintenance
Family law makes clear stipulations and provisions on child, separation and spousal maintenance. All maintenance types are based on the idea that family members support each other financially. You can rely on our specialist competence if you have to assert your maintenance claims in court or need legal advice on them.
Household assets
Household assets are divided into sole property, shared property of the spouses and third-party property. Disputes mostly arise concerning the demand-oriented distribution of shared acquisitions. It is generally sensible and more beneficial for both sides to determine these matters out of court with our support.
Marital home
A frequent question in the scope of separation or divorce is: Which spouse will receive the residential space formerly used together, subject to which conditions, and which rights will the other one have? The place of residence of the children, financial abilities and protection against violence are legally relevant– every situation is unique here. We will advise you!
Parental custody
Parental custody comprises the right and obligation of parents to take care of the personal well-being and assets of their child. It also stipulates legal representation of the child or determination of the child's whereabouts. If the parents are unable to reach a decision, the family court will make one for the good of the child.
Contact
The standard for decisions on the contact and visitation rights first and foremost is the child's emotional well-being and, in connection with this, preservation of the child's family relationships – with the parents, grandparents and other relatives. We will make sure that your matters and arguments are heard and will strengthen your position in court if necessary.
Division of accrued gains
If you have not concluded any notarised marriage contract, you are subject to community of accrued gains. In case of divorce, division of accrued gains can be requested. This will not settle the complete assets, but only the assert gains after the marriage. Half of the excess of one spouse will be due to the other as a compensation claim.
Asset settlement
Asset settlement should not be confused with division of accrued gains in cash. This is about assets acquired and built up together in the form of real estate or high-value objects. In practice, the two processes are usually performed in parallel– which is more cost-efficient and less complicated when done out-of-court.
Division auction
If spouses or life partners who have separated cannot agree on the utilisation or sale of real property, the division auction can be the solution. These proceedings, applied for by one co-owner, will auction off the entire property. Take care: The details are the most important here and can lead to high risks. Ask our specialised lawyers about this!
Non-marital cohabitation
Unmarried life partners in intimate relationships or cohabitation have fewer rights and obligations to take care of each other than spouses do. Separations are faster to execute, but unmarried partners have no rights in care or inheritance cases. We will help you use all options and expand your legal space.
Partnership contracts
Partnership contracts help non-marital cohabitation leave the grey zone of legal uncertainty and lack of security, and will put a relationship on a legal foundation. Similar to marital agreements, the partnership agreement can stipulate parental custody or financing of the household.
Profound far-sightedness is vital
As specialist lawyers in family law, we handle the legal aspects of parent-child relationships and any legal relationships among relatives and life partners. Disputes occur most often on emotional subjects such as divorce, maintenance or custody. After all, about one third of all marriages end before the family court judge today. This should already be reason enough for comprehensive and foresighted consulting in the scope of marriage. Do you have any questions about legal consequences such as settlement of accrued gains or pension rights adjustment? Contact us!
Many disputes can be avoided easily with a marriage contract. We will inform you in detail about the individual areas to be stipulated and develop a contract that matches your individual situation in life with you.
We will be by your side during your marriage, in crises or ambivalent situations as well with personal consulting and competent support. We will professionally support you through the entire process of divorce as well if necessary. Cooperating tax advisors, property experts or psychologists will be brought in at need in order to make our strategy plans for you perfect– if your order requires and you desire us to.
Thanks to our interdisciplinary network and well-founded specialist knowledge in family law, we have an eye on all aspects and know precisely what matters the most.
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Ihr Maltry-Team