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Board Certified Specialized Family Law Offices2018-12-20T10:13:36+00:00

Board Certified Specialized Family Law Offices

Our family law offices are located centrally in downtown Wiesbaden. We offer consultations and legal representation in all matters pertaining to family law and inheritance law matters.

Our mission as attorneys and notaries is to serve you as highly competent and trustworthy advisors. Our clients approach us with serious personal and professional concerns. We earn their trust by meticulously addressing each separate issue. Due care and attention to detail are thereby our top priorities.

We listen. We analyze interests, we anticipate possible conflicts, and we present balanced solutions. By entrusting us with your legal concerns, you can be assured that we will take care of all of your legal matters in a reliable and goal-oriented manner.

As a German notary, Delia Reinders holds a public office. Yet, in our notary work, we view ourselves primarily as service providers. Our goal is to swiftly and smoothly resolve all of our clients’ legal issues and notary certification matters.

During the course of a difficult separation or divorce, we will stand by you with strong support and advice, as we will also do in regard to all other family law matters. We will represent you both in and out of court. We will successfully assert your claims and defend you from any unjustified claims made by the opposing party.

The following areas belong to the field of family law:

SEPARATION

Separation changes the lives of those directly involved and the lives of everyone else affected. During this difficult period, we will be there to support you. We will discuss what the consequences of a separation might be and how one can best react to them. Moreover, we can help you to successfully assert your rights and defend against any unjustified claims made by the opposing party.

For example, we can help assert or defend against any claims for disclosure of information or claims for alimony, we can help arrange rules for interaction with the opposing party and we can help regulate the use of the marital home during the separation period.

DIVORCE

Before a divorce petition can be submitted to a court in Germany it is normally required that a so-called “separation year” first be observed. There are, however, instances when waiting that long is considered untenable. In such hardship cases, divorce is permitted much earlier. We will gladly advise you if your case falls into one of these categories and if it would make sense to divorce earlier.

In order to submit a divorce petition you need an attorney. Even in case you choose to proceed in the form of “joint proceedings” that also involve ancillary claims alongside the legal issues of divorce, you will still need to be represented by an attorney.

Divorce has numerous consequences. It is therefore important for you to know what the results might be so that you can properly respond and successfully plan for the future. We will gladly advise and represent you in successfully asserting your rights and defending against any unjustified claims. We can also help find solutions for you and your spouse when separating and dividing personal items.

DISSOLVING A LIFE PARTNERSHIP

We will gladly advise and represent you in the course of dissolving a formally recognized life partnership and in regard to all ensuing consequences.

MAINTENANCE SETTLEMENT

In Germany, the so-called “maintenance settlement” is a form of pension rights adjustment relating to the compensation of spousal pension rights accrued during the marriage. As a general rule, a pension rights adjustment usually takes place automatically as part of a divorce. There are, however, exceptions in regard to brief marriages (in which case a maintenance settlement may be claimed) or in the event of prenuptial or other marital agreements.

ALIMONY & SUPPORT

In Germany, people who are directly related to one another owe each other support. This applies primarily to one’s own children, but has recently often been construed as including one’s parents, as well.

Additionally, spouses and life partners may claim support both in cases of an existing marriage or life partnership, during separation and after divorce or the dissolution of the life partnership. Members of a non-marital partnership may only claim support for one another in regard to the care of any mutual children.

Before an alimony or support claim can be submitted, however, the following points must be clarified:

  • There must be facts giving rise to a presumption of support which are legally sufficient to cause the payment of alimony or support.
  • The need of the entitled party must fulfill certain basic legal requirements.
  • In order to be entitled, such party must demonstrate its need and not earn too much so as to be disqualified.
  • The obligated party must actually have the money and be able to pay the alimony or support without failing to meet his obligations.
  • There are also certain other questions including, for example, issues of forfeiture of a claim to alimony or support.

Should alimony or support be claimed then it is important that you contact us as quickly as possible, as in Germany alimony and support for the past can only be claimed as of such time when the obligated party has received a disclosure request in regard to his or her income, or has failed to make due payment or the subject claim for alimony or support has become legally enforceable. Even if you are seeking to amend an existing order such as, for example, in case your income has changed, it is still important not to waste any time and to contact us as soon as possible.

COMMUNITY PROPERTY

If you did not conclude a prenuptial or other valid marital agreement, you are living in a community property regimen. In Germany, that generally means that your separate property brought into the marriage remains separate during the marriage. As a general rule, you are also not usually liable for your spouse’s debts except, for example, where you have jointly entered into a loan agreement or other debt instrument. Furthermore, this community property regimen also has effects on spousal inheritance law.

Upon divorce, any gains incurred during the course of the marriage are divided among the spouses on the basis of an “equalization of gains”.

ASSET DISPUTES

At the end of a marriage, two intertwined lives need to be separated once again. For example, provisions must be made as to how to divide a jointly owned marital home. There may also be mutual accounts or mutual debts. Perhaps there were payments made during the course of the marriage which now demand repayment, etc.

CUSTODY

  1. Custody after separation or divorce:
  2. As a general rule, both parents continue to maintain custody rights after divorce or separation.
    In such cases, the parent with whom the child regularly resides may decide alone in regard to matters of daily life. In significant matters, however, the consent of both parents is required.

    Each parent has the opportunity to request sole custody. However, sole custody is only granted to one parent if the other parent agrees and the child is at least 14 years old or in cases when ordering the sole custody of the one parent is in the best interests of the child. There are diverse criteria and extensive jurisprudence in this regard that must be dealt with on a case-by-case basis.

  3. Custody in the event that the parents are not married at the time the child is born:
  4. If the parents are not married at the time that the child is born, joint custody is only available when they file a joint custody declaration, if they marry or if the family court decides to order joint custody. This new possibility has existed since mid-2013. It gives father’s whose fatherhood has been duly determined the possibility to request joint custody in cases where this does not contradict the best interests of the child.

  5. Revocation of Custody Rights:
  6. If you have had your custody rights revoked, or if there is any threat that you will have them revoked, please contact us as quickly as possible. We may be able to help you prevent your rights from being revoked or to have your rights reinstated if they have already been revoked.

VISITATION

  1. Parents’ Visitation Rights:
  2. You and your spouse remain parents after divorce. Even if your children are not living mostly with you, you normally have the right to see your children on a regular basis just as your children have the right to regularly see both parents. Most parents seek to agree with one another regarding visitation.

    Sometimes, however, these efforts fail. If one experiences difficulties regarding visitation, there are many remedies available. If those remedies are insufficient, one may wish to seek a court order regarding visitation rights. Sometimes, only supervised visits are possible. In rare cases, visitation rights may be terminated by the court.

  3. Visitation Rights of Non-Parents:
  4. Others, such as grandparents, siblings, or other relatives, may also have legal visitation rights.

MARITAL HOME / DOMESTIC ITEMS

We can help in cases where the spouses are unable to decide who should be allowed to continue living in the former marital home, what compensation should be paid to the other spouse for such continued use and how jointly acquire domestic items might best be divided.

PATERNITY CHALLENGES

If you believe that you are not the father of a child, you may challenge paternity during a two-year time period beginning when you become aware of factors that would contradict paternity. By the same token, if you believe you are the father of a child who presently has a different (legally recognized) father, you may under certain conditions challenge the paternity of the other father.

Additionally, mothers and children also have the right to challenge paternity and the right to clarify heredity.

DOMESTIC VIOLENCE PROTECTION

We will gladly help you to the full extent of the law should you need any protection against violence or stalking.

FURTHER INFORMATION & SERVICES

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