Family Law Attorney in Nuremberg

Regarding spousal support, a distinction is made between what is known as separation maintenance and post-marital maintenance. Both types of support must be claimed independently and are subject to different conditions. Generally, the entitlement to spousal support initially applies during the year of separation. If a spouse did not work during the marriage, they are not obligated to do so during the year of separation. The obligation to seek employment only takes effect after the year of separation has passed, meaning one has a duty to pursue gainful employment. After the divorce is finalized, the claim for separation maintenance ends. Post-marital support is only granted in exceptional circumstances, specifically when one's own earning capacity is hindered or impossible due to illness, age, or childcare responsibilities.

The amount of the support claim is calculated based on the income of both spouses and their individual life circumstances. As specialist attorneys in Nuremberg, we are pleased to assist you with this matter.

A prenuptial agreement is always advisable if you wish to clarify, either before or during the marriage, the terms and conditions that should apply in the event of a separation or divorce. This is particularly important for partners with significantly unequal income or asset situations, who should consider a prenuptial agreement before marrying and seek comprehensive advice from a specialist family law attorney.

Normally, when couples marry, they enter into the statutory matrimonial property regime of community of accrued gains. This alters the ownership of assets. The division of jointly acquired assets often adds further stress for spouses during a divorce. However, this can be modified through a prenuptial agreement. By opting for a separation of property, spouses remain financially independent of each other. Each retains the assets they brought into the marriage, as well as any wealth they acquire or gain during the marriage. In the event of a divorce, there will then be no equalization of gains. However, there are specific legal guidelines that must be strictly observed. We recommend a consultation to have these explained in detail. Our lawyer in Nuremberg will gladly support you in this matter.

The year of separation is stipulated by law and was introduced to allow spouses to determine if they genuinely wish to divorce. It commences when the parties express their desire not to continue the marriage. The year of separation cannot be bypassed. Even in short marriages, the year of separation cannot be shortened according to Section 1565 (2) of the German Civil Code (BGB). Very few exceptions apply, such as in cases of severe criminal offenses committed against the other spouse.

In the event of a divorce, pension equalization ensures that all pension rights and entitlements are divided between the spouses. The legislator thereby ensures that neither spouse should be financially disadvantaged after a divorce. The amount of pension equalization is determined by the Local Court, which identifies all pension rights acquired by both spouses during the marriage. These are then divided so that each spouse receives equal pension entitlements for the duration of the marriage. This equalization can potentially be excluded if both spouses agree and possess somewhat similar entitlements. For more precise information, a consultation with a family law attorney is highly recommended. We would be pleased to advise you at our law firm in Nuremberg.

In the event of a divorce or parental separation, the parent who cares for the children receives child support from the other parent. Child support must be paid for every minor child, as well as for adult, unmarried children who are still undergoing education or training. The amount is determined by the income of the parents and the age of the child. The Düsseldorf Table offers guidance on the level of child support. As a general principle, child support increases with the higher income of the parent obligated to pay and the older the child. Our specialist lawyers will gladly advise you based on your specific situation.

An initial consultation is intended to provide a general assessment of a specific life situation. These consultations are always conducted verbally and do not involve a detailed review of documents or the provision of a written statement or assessment.

Our law firm is, of course, able to prepare legal opinions or written statements concerning specific questions or factual situations. For such services, it is advisable to establish individual agreements, where fees are determined either as a flat rate or on an hourly basis, depending on the complexity and effort involved. These types of fees will be explained and offered during an initial consultation with a lawyer.

Furthermore, should you decide to engage our law firm, the initial consultation fee will always be fully credited towards our services.