Family Law

The aim of our advice in family law is the structured and fair regulation of personal living arrangements — from marriage or separation through to maintenance and financial matters. In doing so, we create clarity, avoid escalation and ensure legal certainty.

In family law matters, legal foresight and the orderly regulation of personal living arrangements are of particular importance. We provide expert advice on all issues relating to prenuptial agreements, separation and divorce agreements, as well as the conduct of divorce proceedings.

An individually tailored prenuptial agreement can, at the outset of a marriage or during its course, help to establish clear and fair arrangements in the event of a later separation. Where a separation occurs, a separation agreement is a sensible means of structuring the legal and financial consequences in a forward-looking manner. In the context of divorce, a comprehensive divorce settlement agreement ensures that the interests of both parties are legally protected and that unnecessary court proceedings are avoided.

Our legal services include thorough legal review, the drafting of bespoke contractual arrangements, as well as out-of-court and court representation of your interests — with the aim of developing robust, fair and legally sound solutions that ensure personal and financial stability.

The best interests of the child are of central importance in family law arrangements. In matters relating to parental responsibility and contact, an amicable and child-focused solution always takes priority. We support you in developing sustainable agreements and ensuring their legal protection.

Parental responsibility governs the parents’ decision-making authority in matters essential to the child’s life — for example in relation to upbringing, health and education. Contact arrangements ensure the child’s relationship with both parents, irrespective of parental responsibility. Where separation occurs, clear agreements are required that do justice both to everyday practicalities and to the child’s best interests.

We advise on various care arrangements, including shared care models (with broadly equal care by both parents), residence models (with the child’s main residence with one parent and regular contact with the other), as well as nesting arrangements, under which the child remains in the familiar home while the parents alternate living there. Such models require careful coordination — particularly with regard to organisation, communication and financial aspects.

Upon request, we draft legally sound parenting agreements that set out binding arrangements between parents — whether reached out of court or within family court proceedings. The objective is always a solution that is stable, practicable and firmly committed to the best interests of your child.

Maintenance law serves to secure the livelihood of close family members — during periods of separation, after divorce or in cases of particular need. We provide comprehensive advice on your rights and obligations in all matters relating to separation maintenance, spousal maintenance, child maintenance and parental maintenance.

Following separation, spouses generally have an entitlement to separation maintenance for as long as the marriage continues and economic disparities exist. After divorce, an entitlement to post-marital spousal maintenance may arise — depending on factors such as the duration of the marriage, earning capacity and childcare responsibilities.

Child maintenance is determined on the basis of the income of the maintenance-paying parent and is regularly calculated in accordance with the so-called Düsseldorf Guidelines (a German reference table used by courts). A distinction is made between minor and adult children. Issues such as the assessment of needs, the crediting of child benefit and the structuring of shared care arrangements are also taken into account.

Parental maintenance concerns the contribution of adult children to the care and support costs of their dependent parents. We review whether, and to what extent, a maintenance obligation exists and represent your interests vis-à-vis social authorities and entitled parties.

Our legal services include the legal classification of the maintenance situation, the calculation of potential claims, as well as representation in negotiations and court proceedings — always with the aim of achieving appropriate, fair and legally secure solutions.

Matrimonial property law governs the financial arrangements of spouses and civil partners, both during the marriage and upon its dissolution. It determines which assets belong to whom, how they are administered and who is liable for debts.

Under the statutory matrimonial property regime of accrual of gains (Zugewinngemeinschaft), a balancing of accrued gains is carried out following divorce. In this process, the assets acquired by each spouse during the marriage are compared and equalised. We assist you in identifying relevant assets and in valuing equalisation claims — including in the context of complex asset structures.

Where assets are to be divided — for example joint accounts, shareholdings or real estate — an amicable settlement is often advisable. If no agreement can be reached in respect of jointly owned property, a judicial sale (Teilungsversteigerung) may be considered as a last resort. We review possible alternatives with you and represent your interests in the proceedings.

The division of household effects, as well as the question of who will continue to use the matrimonial home or whether it must be vacated upon separation, often also require legal clarification. The objective is always to achieve a fair, practicable and economically sensible arrangement while safeguarding your financial interests.

We support you in enforcing or defending claims, draft legally secure agreements and, where necessary, represent you in court proceedings — discreetly, in a structured manner and with a clear focus on what is essential.

Dr. Sophie und Max von Mettenheim lächelnd am Tisch