Separation or divorce is always difficult. Where your life and finances span more than one country, the process can become significantly more complex.
Different legal systems can apply entirely different approaches to finances and arrangements for children. If your situation involves England and Germany, our expert family lawyers will guide you through the process, helping you make informed decisions while reducing stress at an already challenging time.
Our internationally recognised divorce lawyers are highly experienced in working out the best possible course of action following cross-border separations involving England and Germany. We understand how challenging this time can be and work proactively to reduce conflict and achieve a fair outcome for your family. Every situation is unique, so we collaborate with other experts in England, Germany and beyond to provide the best support for your circumstances.
Together, our expert team can support you by:
Our team specialises in advising on the best choices for prenuptial and postnuptial agreements, ensuring they have the best chance of being upheld internationally so that if they are ever needed, you and your family get the right support. Whether you already have a German marital contract or are planning to get married in Germany, we will guide you practically and compassionately through the process.
As well as drafting agreements, we work with either our own Private Client expert lawyers or your trusted advisors to provide the comprehensive advice you need on tax and succession planning to ensure a secure future for your family.
For couples with ties to both England and Germany, it's crucial to understand the differences between English prenuptial agreements and German marriage contracts.
In England, prenuptial and postnuptial agreements are detailed contracts entered into by spouses before or after their wedding to outline their rights and obligations in the event of a divorce. Prenuptial agreements are often used to protecting assets such as family inheritances, business interests, or significant personal wealth.
Prenuptial and postnuptial agreements are not automatically binding but are increasingly upheld by the English courts where they are entered into freely, with full understanding of their implications and where the outcome is fair.
In contrast, German marriage contracts involve choosing a matrimonial regime that dictates how assets will be managed and divided from the day of marriage. These contracts are binding under German law and are upheld by German courts during divorce proceedings provided that they do not undermine fundamental legal principles.
For couples with a German marriage contract looking to divorce in England and Wales, it can come as a shock that the courts here will apply different principles in determining whether their marriage contract is enforceable.
Where couples have connections to both countries, careful planning is essential. An agreement that works in one country may not be fully effective in the other, so tailored cross-border advice is key. An English prenuptial agreement can provide a layer of protection that a German marriage contract might not offer in the event of a divorce in England. Conversely, a German marriage contract ensures clarity and enforceability within Germany.
Couples need to consider having agreements that are tailored to their specific circumstances and seek legal advice to ensure these agreements are recognised in both countries.
Decisions about children are often the most sensitive and challenging aspect of any separation. Where they live, how much time they spend with each parent and financial support are all highly emotive issues. These cases must be handled especially sensitively. With our extensive experience in this area, we will support you in achieving the best course of action for your family as peacefully as possible.
Proceedings will most likely take place where the child or children live at the time of issuing. In cases where there are English elements to the situation, we will advise on successful strategies for negotiation or before the English court. If the child or children are German residents, we can refer you to leading German family lawyers so that any German proceedings can be handled effectively for you.
When it comes to highly emotional child relocation disputes, we provide early strategic advice on the right steps to maximise your chances of successfully bringing or defending an application to relocate children.
Our team of specialist family lawyers are here to support you if you're facing issues related to jurisdiction. Speak to our team today.
Our Anglo-German family lawyers regularly advise on a wide range of family law issues from preparing prenups and marriage contracts for German couples planning to move to England to cross-border children cases where a parent wants to relocate back to Germany following a separation. Whether it’s advice on financial settlements or even adoption or surrogacy arrangements, you are in good hands with our team.
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