Family law in Kiel, Hamburg and Flensburg

Family law is a central area of law that regulates legal relationships within the family. In particular, it covers marriage, divorce, maintenance, parental custody, adoption and guardianship. In Germany, the relevant regulations are anchored in the German Civil Code (BGB).

Rights and obligations between spouses

Marriage is a legally recognized life partnership that only becomes legally valid through a civil marriage ceremony. The marriage creates rights and obligations between the spouses, including mutual maintenance obligations and regulations on joint property. If no marriage contract has been concluded, the statutory matrimonial property regime of community of accrued gains automatically applies, under which the assets acquired during the marriage are equalized in the event of divorce. Marriage is also of particular importance in inheritance law, as spouses inherit preferentially.

If there is a separation, numerous legal issues need to be clarified. As a rule, divorce presupposes that the marriage is deemed to have broken down. This is evidenced by the so-called year of separation, during which the spouses live separately. After the divorce, maintenance claims may arise, especially if one partner was responsible for childcare or the household during the marriage and suffered economic disadvantages as a result.

Joint children

Parents generally have joint custody, even after a separation. Custody includes both personal custody, i.e. decisions about the child’s upbringing, health and schooling, and financial custody. If the child’s welfare is at risk, one parent can be awarded sole custody. In addition to custody, rights of access play a central role. It ensures that the parent who does not live with the child has regular contact. Grandparents or other close caregivers can also be granted contact rights under certain conditions.

Maintenance law

Another important area is maintenance law. Parents are obliged to support their children. The amount of child maintenance is based on the so-called Düsseldorf table, which serves as a guide for the courts. In addition to child maintenance, spousal maintenance may also be owed, either during the separation, then as separation maintenance, or after the divorce, then as post-marital maintenance. In addition, under certain circumstances, children may have to pay for the maintenance of their parents in need of care if their own resources are insufficient.

Adoption and foster child

Family law also regulates adoption, in which a child is given the legal status of a natural child of the adoptive parents. Adoption must be in the best interests of the child and is only approved under strict conditions. In addition to adoption, there is also the option of taking in a child as a foster child, whereby the legal ties to the biological parents continue to exist.
Domestic violence

Finally, family law plays a particularly important role in protecting against domestic violence. The Protection against Violence Act enables victims to protect themselves against assaults by means of restraining orders. These include, for example, contact and proximity bans or the assignment of the shared home to the victim.

The close and trusting support provided by CausaConcilio is particularly valuable when things get personal. CausaConcilio settles all legal issues within the family fairly, protects the interests of all parties involved and places the welfare of the children at the center of many decisions. The firm’s specialized lawyers protect their clients’ rights in all areas of family law, both in and out of court.
Whether questions of maintenance, custody and access rights, division of assets or matrimonial property law: CausaConcilio is aware of the legal and personal implications of the issues and develops a strategy in line with the individual interests of its clients.