Advice before marriage, property law, divorce, maintenance

Advice on family law before marriage, because marriage is a long mountain climb with ups and downs. And you want to get to your destination or end point together, but at least unharmed. Marriage is still the best way to embark on a life journey together. You don't go up a mountain without provisions and without rain protection.

Before marriage: German or Italian family law

LAVVIT specialises in international family law and advises bi-national, in particular German-Italian couples, before marriage on questions of German marriage law and the German property regime - but also on Italian marriage law and the Italian property regime.

When getting married, the couple enters into a bond – ideally for life. The advantages are obvious: a joint property regime regarding assets, inheritance privileges, joint pension entitlements, automatic joint custody at the birth of children, etc. LAVVIT advises its clients on the consequences of marriage and on inheritance law.

Marital property law and marriage contract

For wealthy couples or entrepreneurs in particular, the question of the marital property regime arises: separation of property or community of property? LAVVIT generally advises the legal form: the community of gains. This is a separation of property in which, in the event of inheritance or divorce, the increase in assets of both partners (gain) is divided between the spouses.

However, the community of accrued gains can be changed in a marriage contract, in which certain assets are excluded. This is ideal for large family fortunes and company investments. If one of the spouses is an entrepreneur and/or shareholder of a company, LAVVIT always advises a marriage contract. LAVVIT draws up a marriage contract or a modified community of gains. In the case of bi-national partners, LAVVIT checks in advance which law is applicable.

Separation and spousal support

If the marriage is in crisis and the spouses separate, LAVVIT advises on the maintenance claims and maintenance obligations of the spouses. If there are children, LAVVIT advises on child support and rights of access. Often, but not necessarily, the separation of the spouses leads to divorce. In principle, German law applies to EU and non-EU citizens living in Germany.

Divorce, what court, what law?

If the marriage breaks up, German-Italian couples are initially faced with questions of international private law: In which country is a divorce process, alimony process or other family process taking place? In Germany or Italy or a third country? Sometimes a choice is possible, for example in Germany or Italy. In this we choose the court in which our clients are better off. LAVVIT lawyers will represent you before German and Italian courts. The question also arises: which substantive law applies before the court? German or Italian law? LAVVIT represents you in German family law before German and Italian courts.

Divorce

Divorce is the end of the civil contract. The reasons are private. German law only requires that the marriage has broken down. The marriage is suspected to be broken if the spouses have been separated for twelve months. Living apart can even mean that spouses live apart within the same household. In the latter case in particular, intensive legal advice is required.

A marriage can only be divorced before the end of the one-year period in exceptional cases: if one of the spouses can no longer be expected to continue. If the spouses have children, the breakdown must be checked again according to the letter of the law in the interest of the children. Nevertheless, many courts refrain from asking intimate questions.

LAVVIT advises on all divorce issues in German law.

Pension equalisation

Divorce always means splitting the pension entitlements. Each spouse must transfer half of their entitlements to the other spouse. This follows from the solidarity principle of marriage. For German married couples or married couples living in Germany, the court automatically applies for the pension equalisation with the pension providers such as pension insurance and civil servant pensions. In the case of foreign spouses, LAVVIT examines the possibility of pension equalisation and applies for equalisation after consultation and at the request of the client.

Asset allocation

In the case of divorce, the marital property regime comes into play again: the marital property must be distributed. If a community of gains is relevant, LAVVIT calculates the gains and demands it in court or checks the claims of the opposing spouse and fends off unjustified claims. If the marriage was concluded abroad or if the spouses are foreign or bi-national, we clarify which law is applicable.

Divorce alimony

After the divorce, none of the ex-spouses can claim more maintenance – in principle. There is still alimony because of the upbringing of the common children, disability or other exceptional cases, the existence of which LAVVIT checks very carefully. The amount depends on the individual case, particularly in the case of child support. Here LAVVIT takes into account the extensive case law of the higher courts. The maintenance claim is always based on the law of the place of residence of the person entitled to maintenance. LAVVIT calculates maintenance, demands maintenance and enforces maintenance - also by means of compulsory measures and enforcement.

Child support

Every parent has a duty to support their children beyond separation and divorce. Support in kind must be paid by the parent with whom the children live. The other parent is obliged to pay cash maintenance. LAVVIT calculates the cash maintenance according to the so-called Düsseldorf table, which is determined by the Düsseldorf Higher Regional Court and is the customary law guideline for all German courts. Those who refuse child benefit, i.e. parents who do not want to pay maintenance despite being able to work, meet zero tolerance at LAVVIT. LAVVIT calculates child support, demands child support and enforces child support - also by means of coercive measures and enforcement, also abroad.

Handling

Children have the right to a mother and father (and grandparents,) even if the parents' marriage has broken down. Divorced parents stay parents – for life. Even if the parents no longer understand each other, contact must be regulated. LAVVIT draws up a contact agreement so that the children can regularly see their separated parents: one weekend every two weeks, one fixed afternoon during the week, during holidays, for birthdays, Christmas and Easter. In certain family constellations, a change model can make sense. LAVVIT also enforces contact for the separated parent. At the same time, LAVVIT insists that the parent who is primarily responsible for bringing up the child is not only the person bringing up the child, but also has the right to his or her private life: the separated parent must relieve the parent who is bringing up the child with the bi-weekly contact. LAVVIT also enforces handling of problem cases, be it with the youth welfare office or against the youth welfare office. The goal is always in the best interests of the child.

Care

Children whose parents separate or divorce continue to have custody of both parents. In the case of unmarried parents, the father usually has to apply for joint custody. LAVVIT enforces joint custody or wards it off if there is a risk to the child's well-being.

Family law for entrepreneurs

As a law firm with a further focus on corporate law, LAVVIT advises entrepreneurs in particular on family law. In the case of marriage or the founding of a company, we discuss the interactions under company law and family law that entrepreneurship and marriage entail. LAVVIT draws up marriage contracts with entrepreneurs in order to secure the companies in the event of divorce. If divorce occurs, LAVVIT also keeps an eye on the consequences for the company.

Representation of child abduction and child repatriation

In a divorce, the courts determine which parent the children should stay with. In bi-national marriages, it is not uncommon for one parent to suddenly become tied to one country through their children. Without the consent of the other parent, the parent raising the children may not take the children to another country. Neither is a parent allowed to kidnap the children to another country. LAVVIT helps clients bring back kidnapped children from abroad, especially from Italy. However, LAVVIT also represents parents in a predicament who are fleeing physical or psychological violence from their ex-partner and are suddenly accused of kidnapping.