Family Law in Hanover: personalised, forward-thinking and cost-effective

In the case of a marriage between entrepreneurs, Family Law, Corporate Law and, frequently, Inheritance Law intersect directly. A divorce can have implications for shareholdings, company valuations, shareholder structures, liquidity and business succession.

We draft agreements that take into account both the financial stability of the business and your interests. Thanks to our expertise in Corporate Law and Inheritance Law, we identify areas of overlap at an early stage and ensure that the provisions are coordinated with one another. This saves time and effort in coordination, reduces risks and helps to avoid unnecessary costs and hassle.

Typische Themen sind hier:

• Protection of company shares and business assets
• Valuation of companies in the context of equalisation of accrued gains
• Adjustment of matrimonial property regimes in consultation with your tax advisers and preparation for transfers to the next generation
• Early equalisation of accrued gains
• Protection of co-shareholders and family businesses
• Coordination of prenuptial agreements, articles of association and wills
• Protection of inheritances, advance gifts and family assets

Corporate Law sets out how we safeguard company shares and business assets in the event of separation, divorce or death.

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Even without a marriage certificate, couples can and should take responsibility for one another and settle important matters relating to assets, housing, children, illness and separation in a legally secure manner. A non-marital partnership is not subject to the matrimonial property and maintenance provisions applicable to marriage. Individual agreements can therefore be particularly important.

Ein Partnerschaftsvertrag für eine nichteheliche Lebensgemeinschaft kann individuell festlegen, wer A partnership agreement for a non-marital cohabitation arrangement can specify on an individual basis who makes what contributions, how joint property is to be treated, and whether losses incurred due to childcare or the provision of goods and services are to be compensated in the event of a separation. It provides clarity without requiring marriage.

Among other things, we draw up agreements on:

• Joint property, loans and running costs
• Wealth accumulation and equalisation payments
• Financial security in the event of separation
• Joint children and childcare arrangements
• Power of attorney for healthcare and living wills
• Inheritance planning through wills or inheritance contracts, handled by our Inheritance Law team
• Communities of responsibility and individual forms of legally binding partnership

The interface with Inheritance Law is particularly important in these situations: in a non-marital partnership, one partner can only inherit from the other on the basis of a will or a disposition of property upon death. However, such a designation of an heir must be carefully considered, as the partner is treated as an unrelated third party for the purposes of gift and inheritance tax. Both the absence of provisions and the inclusion of ill-considered provisions can have serious consequences.

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A separation or divorce is emotionally stressful and legally complex. We guide you through this phase in a structured manner and help you to make the key decisions in good time. With sound judgement, discretion and a clear strategy.

The sooner you seek advice, the better you can limit financial risks, organise practical interim arrangements and prepare amicable agreements. It is therefore often advisable to seek advice at an early stage, even before moving out, separating or filing for divorce. It also gives you a great deal of peace of mind to know what to expect.

Among other things, we are happy to assist you with:

• Preparing for and navigating the separation
• Divorce proceedings before the Family Court
• Child access and custody
• Separation maintenance and post-marital maintenance
• Equalisation of accrued gains and division of assets
• Valuation of property, bank accounts, investment portfolios, pension schemes and businesses
• Division of jointly owned property and household goods
• Pension rights equalisation
• Defence against unjustified or excessive claims
• Negotiating amicable solutions
• Uncontested divorce and representation in court

Depending on your wishes and the likelihood of the other party contesting the matter, the points of dispute can be resolved through legal proceedings or set out in a divorce settlement agreement.

In particular, a divorce settlement agreement sets out the financial and personal consequences of a separation as comprehensively as possible, either before or during the divorce proceedings. It can help to avoid protracted disputes and significantly simplify the court proceedings.

We draft and negotiate bespoke divorce settlement agreements covering maintenance, accrued gains, property, pension provisions, household goods and matters relating to joint children. Where an amicable solution is possible, we prioritise clear, robust arrangements over costly disputes.

Have you separated but do not (yet) wish to get divorced? Whether this is for the sake of the children, for financial reasons, or because there is still hope of reconciliation. In such situations, we are happy to set out the key points for your future relationship in a separation agreement.

When parents separate, the children are the main focus. Issues relating to custody, access, the child’s primary residence, holidays, school, childcare and maintenance require solutions that are both legally sound and in the child’s best interests.

However, new arrangements for the children may also be necessary in other situations, such as when a parent remarries, in blended families, or in the event of a parent’s death.

We advise parents on developing workable arrangements and represent them in disputes, both out of court and before the family court. Our approach is clear: the child’s needs, practical feasibility in everyday life and the rights of both parents must be considered together. We are also on hand to advise you in the event of disputes concerning the children between other family members (for example, with grandparents).

Our services in family law include:

• Joint and sole custody
• Access rights for parents, children and other significant others
• Alternating residence arrangements (whether traditional or newer models such as ‘nesting’) and single-residence arrangements
• Arrangements regarding holidays, public holidays and communication
• Right to determine the child’s place of residence and a parent’s relocation
• Child maintenance and calculation of maintenance
• Advance maintenance payments, rights to information and enforcement
• Representation in proceedings before the Family Court
• Adoption of minors and adults
• Obtaining authorisations from the Family Court
• Changes to the family name