Of all areas of law, family law is the most emotionally difficult. A separation or even a divorce is for the affected family members a deep cut in their previous life and often in their financial situation. Therefore it is important to look for a lawyer as a competent partner, who is a companion in this emotional exceptional situation. In order to limit damage in time already in the run-up, legal advice is important in an early phase. Because often a lack of knowledge about legal facts and contexts leads to disputes about alleged facts that do not exist.
Family law attorneys in Isernhagen are experienced in assisting you with your separation, divorce or spousal support disputes every step of the way: from the initial phone consultation to the court hearing. The clients and their problems are always in the center of attention, and together we work out sustainable results on the subject of maintenance, contact, custody and equalization of gains, division of the household, and pension entitlements. The fields of work with the legal field of family law of a law firm in Isernhagen are usually versatile: They should include comprehensive advice, out-of-court representation, but also representation in court.
There are children involved?
Never without a divorce lawyer
Especially when minors are involved, a divorce is tragic. Lawyers for family law in Isernhagen should always pay special attention to the interests of your children in the conflict of parents.
Divorces can be very emotional disputes between people who were once close to each other. Therefore, in family law not only the expertise of a lawyer is required, but also comprehensive advice based on social competence and a feeling for the emotional situation of the client.
Even if the divorce is amicable or there is nothing to dispute, a consultation with a lawyer about a separation agreement or an agreement on the consequences of divorce is always useful.
It is important to note that a legal consultation can only advise one partner at a time, never both sides at the same time! Not even if both agree with the demands from the start. Keep in mind that you cannot file an application with the family court without a lawyer – and in this case also not a divorce application. Without legal representation you can only agree or refuse a divorce in Hamburg.
Lawyer for family law in Isernhagen
Lawyers know: When you get married, you don’t want to think about a possible separation. You will receive help from family law attorneys in Isernhagen in designing precautionary arrangements through a prenuptial agreement. A family law firm also provides legal advice on all other legal matters concerning marriage, civil partnership, family and relatives.
You have questions about guardianship, custodianship and legal guardianship? Ask a lawyer for family law! Even if you need support in matters before authorities and agencies, lawyers represent your interests in the areas of adoption, custody and civil status prudently and competently. Because they know how sensitive family law matters can be.
A lawyer for family law in Isernhagen will actively support you and enforce your interests.
Focal points in family law
- Spousal support
- Marriage contract
- Right of upbringing
- Family reunion
- Property law
- Child support
- Child and spousal support clause
- Child support
- Post-marital maintenance
- Living will
- Divorce settlement agreement
- Deductible
- Custody
- Separation maintenance
- Right of access
- Paternity challenge
- Guardianship
- Health care proxy
- Gain
Learn more on this page u. a., What you should pay attention to when choosing the right lawyer. Trust (not only) your gut feeling.
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Focus on family law
Spousal support
In the case of spousal maintenance, a distinction must be made between separation maintenance and post-marital maintenance. Both types of alimony are subject to different requirements: Separation alimony is limited in time until the divorce becomes final. Post-marital maintenance begins – as the name suggests – after the divorce has been finalized. But when exactly is the?
Claims to post-marital maintenance begin with the legal validity of the divorce. It exists especially when it comes to the care of joint, minor children, chronic illness and the resulting inability to work, or the education and training of a divorced spouse. Even if one spouse was unemployed during the marriage, he or she will usually be entitled to postmarital maintenance. Your chosen lawyer for divorce law in Isernhagen should check your claims in detail!
Prenuptial agreement
When you get married, you obviously want the relationship to last. Unfortunately, there is no guarantee and statistics show that almost 40% of marriages in Germany end in divorce. Therefore, you should take precautions in advance, so that you do not have to fight for your rights in the event of a divorce in addition to the emotional strain.
The prenuptial agreement is a notarized contract that can be concluded not only before the marriage, but also after the marriage. The prenuptial agreement can simplify a divorce, should it be desired later on. If this contract is comprehensively formulated and there is additionally agreement on the arrangements, then the couple, respectively. whose lawyers, no longer agree on the individual points. The interest of a prenuptial agreement is particularly on the financial settlement and gives the spouses the opportunity to provide clarity on issues such as alimony, property division, pension equalization to avoid protracted litigation. Experienced lawyers for family law in Isernhagen should be at your disposal at any time.
Right of upbringing
The right of upbringing includes the upbringing and everyday care of minors. The right and duty of parents to raise their children is laid down in the Basic Law in Germany in Art. 6 paragraph 2 stipulated. But what if the parents fail?
The failure of the legal guardian is also regulated in the Basic Law for the protection of the child. In the Social Security Code, there are special assistance programs for parents in need of help, in which qualified youth welfare officers and educators assist parents and their children, so that it does not have to come to the withdrawal of the children. You have questions about? Then contact a lawyer for family law in Isernhagen directly.
Family reunification
Your partner or children are still abroad? Then a law firm for family law in Isernhagen can help you!
For family reunification, German citizens, but also foreigners who are staying in the Federal Republic of Germany with a residence permit, can have their spouses or registered partners and their minor children join them. This is the so-called family reunification, which you can often influence positively with the help of a lawyer for family law.
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Property law
you do not have a prenuptial agreement? Then the legal matrimonial property regime takes effect. Do you know what you are entitled to in this case?
Matrimonial property law is the organization of property relations by law between spouses who have not concluded any other marital agreements. The legal matrimonial property regime is the so-called community of gains. If you get divorced, the community of accrued gains (Zugewinngemeinschaft) is used to equalize the assets acquired during the marriage. Lawyers for family law in Isernhagen can support you in order to assert your claims. Contact a law firm in Isernhagen and get an initial telephone assessment from a family law attorney or schedule a consultation right away.
Child support
The child benefit is a state aid for families for the upbringing of children.
It can actually happen up to the age of 18. Child support can be claimed up to the age of 18. But what happens afterwards?
Entitlement to child benefit continues until the age of 25. The child is entitled to a child allowance until the age of 18, if the child is still in school or vocational training, is doing a voluntary social year or cannot support himself/herself for other health reasons. If you have questions about child support, you can call a law firm in Isernhagen – a family law attorney can help you assert your claims.
Child protection and spouse protection clause
All requirements for divorce are met, but the marriage may not be divorced? What now?
There are certain cases in which exceptionally may not be divorced. This is the case when the so-called “child protection clause” and the “spouse protection clause” come into play. This means: If the best interests of the child are endangered by the divorce, then the marriage may not be divorced. This is also the case if, due to exceptional circumstances, the divorce would represent an extremely severe hardship for the other spouse. This case has occurred in your case? Then it is best to call a lawyer for family law in Isernhagen right away.
Child support
Do you know how much alimony you have to pay?? Or how much your child is entitled to monthly?
The Dusseldorfer Table serves as a benchmark for calculating child support, although it does not have the force of law, but is merely a guideline. Based on the obligor’s income and the age of the child, this can be used to calculate the monthly alimony amount. Consult a competent lawyer for family law in Isernhagen about this if you would like to have more certainty!
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Post-marital maintenance
In the case of spousal maintenance, a distinction must be made between separation maintenance and post-marital maintenance. Both types of alimony are subject to different requirements: Separation alimony is limited in time until the divorce is legally binding. Post-marital maintenance begins – as the name suggests – after the divorce. But when exactly is it?
The entitlement to post-marital maintenance begins when the divorce becomes final. It exists especially when it comes to the care of joint, minor children, chronic illness and the accompanying disability or the education and training of a divorced spouse. Even if a spouse was unemployed during the marriage, he or she will usually be entitled to post-marital alimony. Lawyers for family law in Isernhagen can check your claims
Living will
Every adult capable of giving consent can draw up a living will, which he or she can revoke informally at any time. But what is it exactly?
The living will is a written declaration of intent with which one can determine as a precaution that certain medical measures are to be carried out or omitted if one is no longer able to do so oneself. This ensures that the patient’s will is implemented, even if it can no longer be articulated in the current situation. Play it safe and draw up a fully comprehensive living will soon with a family law attorney in Isernhagen.
Divorce settlement agreement
You want to avoid a long court case? Then, before filing for divorce, you have the option of entering into a post-divorce agreement.
This is notarized and should be drawn up with a lawyer for family law from Isernhagen. With this agreement, you can stipulate: the cancellation of a joint will, inheritance or. Waiver of the compulsory portion, dispute of rights and claims, custody, obligation to pay maintenance, right of access, tax issues and joint debts, etc. are all subject to the same law. Simply make an appointment with a lawyer’s office in Isernhagen for this purpose. Lawyers are your competent partners in family law.
Deductible
Despite the alimony paid by the debtor, the debtor must have enough financial means left to secure his own existence to a minimum. Do you want to know how high the deductible is for you or your partner??
The amount of the so-called deductible is adjusted again and again in certain time intervals by the jurisdiction and is usually based on the amount of the garnishment exemption limit. Do not hesitate and let yourself be advised by a lawyer for family law in Isernhagen.
Custody
If you have children, the future upbringing and care of them is often a point of contention in the divorce dispute. Often parents cannot agree on who will take care of the children in the future. If no solution can be found together, the family court is called in to clarify the question of custody.
As a rule, the law bases custody on the joint custody of both parents. Normally, in the case of a divorce, the joint parental care remains in place, unless one of the parents applies for the transfer of sole care. However, only partial areas, such as the right to determine the place of residence, can be transferred. Lawyers for family law in Isernhagen can help you if there is a dispute about custody.
Separation alimony
Despite a separation, spouses are still responsible for each other: before a divorce, the law usually provides for the separation year. During this time and until the divorce becomes final, the principle of mutual responsibility applies. This means that the livelihood of the spouses must be ensured during the separation as well.
You must not be in a significantly worse position than at the time of the marriage. A spouse is considered to be in need if he or she has no income of his or her own or if his or her income is not sufficient to cover his or her living expenses in a comparable manner as during cohabitation. However, the supporting spouse must also be able to provide this support. Check your claims with the support of attorneys for family law in Isernhagen. Call a law firm for an initial assessment of your situation.
Right of access
Every child has the right to contact with each parent and each parent is obliged to contact the child, but also entitled to do so. If a child does not live in the same household as his or her parents, he or she has a right to see both parents regularly. But what about non-custodial mothers and fathers??
The right of access also applies to non-custodial parents. It involves face-to-face contact as well as telephone, email and letter contact. However, not only parents, but also grandparents and other family members are entitled to the right of access. Thereby, the contact must be beneficial for the child. If you are denied access rights? In this case, it is essential to consult a lawyer for family law. A law firm in Isernhagen can help you competently and quickly in most cases.
Paternity challenge
You believe that you are not the father of a child? You want to contest paternity?
In the context of a paternity challenge, the court determines – usually with a DNA test – whether the previous legal father is not the biological father. If this is the case, the family relationship between the previous legal father and the child ceases to exist. If you are not sure, you should consult a competent family law attorney within 2 years from the time you become aware of the circumstances that speak against paternity. A law firm in Isernhagen should single-mindedly pursue your claims.
Guardianship
A guardian must be appointed for a minor child if no parent is available or if parents have disqualified themselves from responsibly regulating the duties of their child.
These children now need legal guardianship because their parents cannot take over parental care of the children. A lawyer for family law in Isernhagen can answer further questions about this by telephone or in person.
Lasting power of attorney
No one likes to think that they could become seriously ill or suffer an accident. But who will take care of everything if you are no longer able to do so yourself?? Your spouse or children are not automatically entitled to do so.
With a health care power of attorney, you can now decide for yourself who should make decisions for you in the event of illness. A lawyer for family law from a law firm in Isernhagen can show you what you should consider with such a health care proxy and how it can be combined with a living will.
Gain
With the Zugewinnausgleich, the legislator has attempted to create a legal regulation that is intended to ensure clear economic relations between the spouses after a separation.
Gain is the amount by which the assets at the time of filing for divorce exceed the assets at the time of the marriage. Thus, in the event of divorce, you are entitled to half of the surplus as compensation. What you get? Together with a divorce lawyer, have your claims calculated and check whether your future ex-partner is also fulfilling his or her obligations. A law firm in Isernhagen should have sufficient experience in the legal field of family law and advise you on. Contact a lawyer for an initial assessment of the situation.
Common questions
In principle, children always come first in the order of priority when it comes to alimony payments. But under certain circumstances the spouse is also entitled to maintenance during separation and divorce, but also after marriage.
For a divorce in Switzerland you need the decision of a court – a lawyer is not mandatory. With the quite complex legal situation, it is nevertheless better to seek legal advice.
Who is liable to pay maintenance, who is entitled to maintenance?
In principle, after the divorce, you have to pay for the alimony yourself. People are dependents when they are unable to provide for themselves. Depending on the duration of the marriage, the tasks in the marriage, age, health, education, employment prospects and financial capacity, there may be a right to financial support from the other spouse for at least a certain period of time.