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Practice Area

Family Law

Our focus is on prenuptial agreements and divorce settlement agreements, proceedings in divorce and ancillary matters, as well as maintenance claims and the division of assets.

Services

What we do

We advise and represent clients on all questions of family law - in forward-looking contractual arrangements as well as in situations of separation and divorce.

Before a marriage or during an existing relationship, we draft and negotiate marital agreements and tailor matrimonial property arrangements precisely to the individual financial and family situation of our clients.

If it comes to separation, we support our clients in negotiating divorce settlement agreements and in the complete division of their joint assets. We conduct the divorce proceedings and, in the event of a dispute, enforce our clients' claims in court.

A particular focus of our work is also advising entrepreneurs and shareholders whose marriage runs into crisis or who wish to make provision for that eventuality. We develop solutions that secure the continued existence of the business while enabling a fair division of assets.

Marital agreements and precautionary contract drafting
  • Advice on and drafting of marital agreements before and during marriage
  • Agreeing a modified community of accrued gains (modifizierte Zugewinngemeinschaft) or separation of property, after detailed advice on the advantages and disadvantages
  • Individual arrangements on maintenance
  • Agreements on the pension rights adjustment (Versorgungsausgleich)
  • Adaptation to business and property law particularities, depending on the individual situation
Separation and divorce
  • Advice and representation in separation and divorce
  • Negotiating and drafting divorce settlement agreements
  • Legally sound recording of all terms of separation and divorce
  • Resolute pursuit of your interests out of court and in court, if necessary by initiating urgent proceedings, for example on maintenance or in matters concerning children (Kindschaftssachen)
  • Review and implementation of the pension rights adjustment
  • Taking account of the effects under inheritance law and advising on the need for inheritance arrangements in a separation
  • Taking the psychological and emotional dimension into account
Matrimonial property law and division of assets
  • Carrying out and optimising the equalisation of accrued gains (Zugewinnausgleich)
  • Enforcement of equalisation claims outside matrimonial property law, for example by reclaiming gifts, through claims for contribution between joint debtors or through equalisation under partnership and corporate law rules
  • Complete division of the marital assets
  • Arrangements concerning company shares and real estate
Businesses in family law
  • Drafting and negotiating marital agreements specifically for entrepreneurs
  • Protecting the business in a separation
  • Maintenance calculations involving entrepreneurs
  • Special features of the equalisation of accrued gains
  • Internal partnership between spouses (Ehegatteninnengesellschaft)
  • Bringing proven corporate law expertise to family law disputes
Real estate in separation and divorce
  • Advice on keeping, transferring or selling the property
  • Settling compensation for use of the property
  • Special features in calculating the equalisation of accrued gains and maintenance
  • Conducting and resisting partition auctions (Teilungsversteigerungen)
  • Taking tax consequences into account
Maintenance law
  • Asserting and defending against claims for separation maintenance, post-marital maintenance and child maintenance
  • Enforcement of or defence against maintenance claims, out of court and in court
  • Particular expertise in calculating maintenance claims involving entrepreneurs, managing directors and shareholders, and with other income ‘outside the payslip’
Contact

Rathausstraße 13, Hamburg

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Address
PJM Partner
Rathausstraße 13
20095 Hamburg
Phone
+49 40 89 00 98 - 0
Email
kanzlei@pjm-partner.de