Family Law in Hannover. Advised personally, thought through commercially.
We guide you through separation, divorce, maintenance and custody, calmly and precisely, with an eye on the financial consequences.
Working through the proceedings in a clear order
The earlier the advice begins, the more can still be shaped. A meeting before one party moves out is often the right moment, because the day of separation starts time limits and valuation dates that cannot be moved later.
- Preparing the separation, recording the date of separation and securing the documents
- A separation agreement for the period in which divorce is not yet wanted
- A settlement agreement that resolves the financial consequences before proceedings begin
- Representation in the divorce proceedings before the family court, uncontested or contested
- Use of the matrimonial home, division of household contents and defence against excessive claims
- Where there are joint loans and over-indebtedness looms, coordination with our practice area Insolvency Law
Calculating the financial consequences reliably
Maintenance and the equalisation of accrued gains are rarely disputed in principle; the argument is about figures. Who owes what information, which valuation date applies and how assets are valued decide the outcome.
- Separation maintenance and post-marital maintenance, including limits in time and amount
- Rights to information and to supporting documents as the basis of every calculation
- Equalisation of accrued gains, with opening and closing assets, privileged acquisitions and valuation dates
- Pension adjustment and the division of retirement provision
- Valuation of property, accounts and securities, together with our practice area Banking Law
Arrangements for children that work day to day
Where children are concerned, what counts is what works day to day. An arrangement that looks balanced on paper and fails on school journeys, working hours and school holidays simply produces the next conflict. We draft arrangements that hold.
- Joint and sole custody, the right to determine residence and a move by one parent
- Contact rights of parents, siblings and other close persons, including grandparents
- Alternating and single residence models, including newer forms such as nesting
- Child maintenance, advance payments, rights to information and enforcement
- Adoption, change of name and approvals by the family court
- Appointing a guardian and administering assets for minor children, together with our practice area Inheritance Law
Ordering assets before a conflict arises
Without an agreement the statutory community of accrued gains applies. Where incomes differ, or where property, inheritances or company shares are involved, that leads on separation to valuations and claims that can often only be met by selling.
- Separation of property and a modified community of accrued gains that takes single assets out
- Provisions on maintenance during the marriage and after the divorce
- Pension adjustment, retirement provision and compensation for career disadvantages
- Contracts for international couples, including the choice of the applicable law
- Review and adjustment of existing contracts, recorded in our own notarial office
- Alignment with the will and the inheritance contract, together with our practice area Inheritance Law
Thinking family, company and assets together
In a business owner marriage, family law, corporate law and inheritance law meet directly. A separation affects shares, valuations, liquidity and succession. Because all three areas sit in the same firm, we see the points of contact early.
- Protecting company shares and business assets through the marriage contract
- Valuing the company for the equalisation of gains and negotiating the terms of payment
- Switching the matrimonial property regime and an early equalisation, as preparation for transfers
- Protecting fellow shareholders against the consequences of a separation
- Reconciling the marriage contract with the articles of association, together with our practice area Corporate Law
Settling a partnership firmly, without marrying
An unmarried partnership falls under neither matrimonial property law nor maintenance law. Without an agreement of their own much is left unsettled on separation, and on death a partner without a testamentary provision inherits nothing.
- A partnership agreement on contributions, joint property and compensation on separation
- Jointly owned property, loans and running costs
- Compensation for career disadvantages caused by childcare or by working in the partner business
- Powers of attorney and advance healthcare directives for the event of illness
- Provision by will or inheritance contract, because a partner is treated for tax as an unrelated third party, together with our practice area Inheritance Law
Find the right adviser
Answers to the most important questions
Can’t find your question here? Please get in touch! We’ll usually get back to you within two working days.
What does a lawyer cost in a divorce?
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Fees follow the value in dispute, not the hours worked. That value takes in the income of both spouses and their assets, plus every consequential matter decided alongside the divorce. For a first advisory meeting with a consumer the fee is capped by statute. We tell you the range beforehand.
What should I do first if I want to separate?
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Record the date from which you live apart, because that date sets the time limits and the valuation dates for the equalisation of accrued gains. Then secure the papers on income, accounts, property and pensions. Only after that is it worth discussing maintenance, the home and the children.
Do you really need a lawyer for a divorce?
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For the petition yes, it can only be filed by a lawyer. The other side may consent to an uncontested divorce without its own representation, which saves costs and at the same time means going without advice. A firm may never act for both sides.
Can you divorce without the year of separation?
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Only in cases of hardship, such as violence. Otherwise the law requires a year of separation, counted from the day of separation, which is also possible within the shared home. Settling the consequences early costs little waiting time, because the petition can be filed shortly before the year ends.
How long does a divorce take?
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Once the year of separation has passed, the length depends on whether the consequences are settled. With a separation agreement a few months is realistic, and most of that is taken up by the pension adjustment. Where gains and maintenance are fought out in court, proceedings often run beyond a year.
What counts towards the accrued gains?
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Each spouse assets on the day of the marriage are compared with those on the day the petition is served. Whatever was added in between counts: property, accounts, securities, company shares and debts as well. Inheritances and gifts stay out of the calculation, though any rise in their value does not.
What happens to a company in a divorce?
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The company itself is not divided, it is valued. What enters the equalisation is the rise in the value of the shares during the marriage, and it is settled in money. Because that sum ties up liquidity, the method of valuation and the terms of payment are the real points of dispute.
Can assets be protected from the equalisation of gains?
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Effectively only in advance, through a marriage contract, for instance a modified community of accrued gains that takes company shares out. Moving assets shortly before a separation does not help: the court adds such disposals back to the closing assets. We record the contract in our own notarial office.
Is the spouse who files at any disadvantage?
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In law, none. Fault for the breakdown of the marriage has been irrelevant since 1977, and neither maintenance nor the equalisation of gains turns on who filed. Whoever files pays the court fee advance first, and the costs are usually split in half later on.
Who has custody after a separation?
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As a rule joint custody continues, and the separation changes nothing about that. What has to be settled is where the child lives and how contact is arranged. The court awards sole custody only where that better serves the welfare of the child.
How we work at activelaw
01
Your information
You explain your situation to us, and we’ll review your documents. We’ll provide you with an initial assessment of your case as soon as possible.
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Our promise
We advise and represent you in all legal matters until your case has been successfully resolved.
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Your opportunities
Our experts will advise you on your chances of success and the specific options available in your case.