Legal Questions, Carefully Answered.

International family law is likely to apply when a family matter has an actual connection with more than one country. This could be one of a multitude of reasons, such as the people involved having different nationalities, someone being abroad, a child having his or her habitual residence in another country, a marriage in a country other than Germany, or family assets extending over jurisdictions. One of the typical examples is a matter of international divorce, international child custody issues, parental rights, child or spousal maintenance, determination of parentage, recognition of judgments from another country, or international abduction of a child. Anyone looking for a German family lawyer should ensure that international connections are pointed out from the very beginning.

Usually, an international family lawyer will begin the evaluation of the various issues regarding jurisdiction and applicable law. Following that, the lawyer will consider the various issues of divorce, separation, parental responsibility, child custody, visitation, support, matrimonial property, or foreign judgment. For families living between Germany and their country of origin, the issues of jurisdiction and applicable law, as well as the issue of recognizing or enforcing a judgment, are closely linked, though they do not refer to the same legal concepts.

The fact that the marriage is held in the jurisdiction of the country does not mean that the divorce procedures are held there. In the instant international divorces, the legitimate domicile, present domicile, or nationality of spouses should be taken into consideration. The Brussels IIb Regulation is particularly important for many more recent international divorces. Thus, anyone searching for a divorce attorney in Berlin should check jurisdiction issues before filing for divorce.

A court in Germany having jurisdiction does not guarantee that the divorce itself is also governed by German divorce law. The so-called Rome III Regulation may come into play, which determines which law applies to an international divorce between spouses or allows the spouses to choose a governing law in certain cases. However, some other aspects of the divorce case like maintenance, property division, pension splitting, or divorcing with children may be governed by different law. Each issue must be treated separately in accordance with applicable legal provisions.

The validity of a foreign decree of divorce in Germany depends on the name of the country in which it has been issued. Judgments of divorce issued by many EU Member States fall into the category of judgments subject to the rules of European recognition, whereas in the case of divorce judgments from non-EU countries one has to follow the procedure of recognition. This is especially important in case a person wishes to get married again, prove that they are divorced, resolve some problems connected with inheritance, change their name, etc.

In cases of international child custody matters, finding out the child's habitual place of residence may have relevance when determining which court has jurisdiction. In such matters, various factors need to be considered: European regulations, international treaties, and national family law rules may play their role, depending on the countries involved. For example, an English-speaking family lawyer in Berlin who is handling a child custody case will have to make sure to find out the child’s current residence, the place where the child used to live, whether there is any parental authority in existence, etc, as well as whether there are any court decisions or agreements in effect already.

International child abduction can occur when a child is removed from their country of habitual residence or held in another country without permission from legal guardians. Many countries adhere to the Hague Convention on the Civil Aspects of International Child Abduction. A return action pursuant to the Convention is not the same as a typical child custody case where the question is where a child should permanently live. The child’s habitual residence, the timing of the inappropriate exit or detention, and the custody rights in countries involved are all crucially important factors affecting the case.

Interim orders, injunctions, and any urgent measures could be relevant when waiting for a standard lawsuit to end may not be possible. Family law may deal with situations that involve urgent matters concerning a child's domicile, parental responsibility, custody, and visitation matters. We can encounter interim measures in civil and commercial proceedings as well when there is a need for some urgent protection before the final decision.

Of course, most international cases are possible even if clients live abroad. Documents and relevant information can often be sent via e-mail or in any other electronic form, and the meetings can also be conducted by phone or via video link. Whether a client needs to visit the country later on depends on the particular case, court, and authority involved. Lawyers for international clients based in Berlin can also explain which documents can be viewed in English and when an official or certified translation into German is required (if needed).

The key documents are usually those that indicate what happened in the past and how the situation is at the present moment. This may include court documents, notices, agreements, contracts, powers of attorney, letters, certificates, and previous decisions. In international family law, marriage and birth certificates, information about nationalities and residence, and previous orders about the contact or about child custody are often available. It is important to mention any deadline, such as a court deadline, an administrative deadline, a deadline related to a contract, or other procedures.

Family law often overlaps with inheritance law in a number of aspects such as marriage contracts, estate planning, last wills, and inheritance disputes. An international aspect arises where either the deceased person, inheritors, heirs, or property is from a different country. Hence it is a must for a lawyer dealing with inheritances in Germany to apply German inheritance laws along with figuring out whether foreign property is involved in the case, whether will is written abroad, what is the jurisdiction of the probate court, what succession law applies, and, whether foreign documents can be recognized.

Commercial, corporate, and business law has a wide spectrum of aspects, which may consist of agreements between companies, business formation and corporate ownership, as well as shareholder agreements, liability issues, and disputes both within and between companies. The involvement of two or more countries makes some aspects of the issue, such as jurisdiction clauses, applicable law, contractual obligations, and cross-border enforcement, relevant. An attorney from Germany has to familiarize himself/herself with the specified contracts, company documents, data about the parties involved in the deal as well as information about the countries involved in the process.

Private international law is relevant when it comes to identifying what particular country law applies to a situation involving private law relations. Under the contract law, the issues include jurisdiction clauses, choice of law clauses, breach of contract, purchase agreements, service agreements, loan agreements, licensing agreements and damage claims. The international contract lawyer in Germany will thus look deeper than just a word of the contract and will be taking into consideration the countries, places where obligations are performed and the courts involved.

When criminal matters have an international aspect to them, it means that their investigation, accused parties, witnesses, evidence collection, or any arrest or execution involves the territories of more than one state. There are various methods and tools that can be employed here, including but not limited to such measures as European arrest warrants, requests for an arrest at the international level, extradition procedures, cross-border investigations, and international acts of searching. A criminal lawyer in Berlin faced with such issues should define which agency is involved in pursuing the case, what actions have already been taken concerning the case, and whether any efforts have been undertaken outside Germany. An extradition lawyer in Germany should decide on whether it is necessary to apply any rules of European and international cooperation.

Music and copyright law can deal with the creation of works, copyright rights in the recordings and compositions, licensing contracts, recording contracts, and agreements for the performance, as well as finding the new infringement cases. The global production releases, internet platforms, streaming services, and dealing with parties based in different countries make the legal situation complicated. A copyright lawyer Germany or music lawyer working in this area may have to first decide who is entitled to the rights, which contracts apply, where the solution is needed and to which jurisdiction the case should be referred to.

Tenancy law can cover issues that include lease agreements, rent disputes, termination of tenancy, issues pertaining to payments, defects, or eviction. Real estate law covers issues such as ownership of condominiums, negotiations that lead to agreements, and legal issues that arise from the process of buying, owning, or selling property. Participants who are in search for tenant lawyer Berlin or real estate lawyer Berlin need to provide lease agreements, correspondence details, and general information about their properties before they start working with lawyers and deciding on the specifics of any issue that they face.

A damages claim can arise when there is a financial loss due to an act of omission, accident, breach of contract, or any other circumstance under German law. Compensation for pain and suffering under the German law may be relevant for the compensation of non-economic losses, especially in cases when a person's body or health has been harmed. A legal assessment usually considers the following: what happened, who is responsible, what evidence is available, what medical and financial documents are available, and whether or not any communication has already taken place with the other party or an insurance company.

Business consultation and coaching are for those who want to make more structured decisions in business and professional life. Executives, graduate students, young attorneys, professionals, career changers, and those who are developing their business ideas may be amongst the clients. Topics include business models, career growth, and business organization, among other topics. If a specific legal issue arises, strategic business coaching must be separated from the legal aspects of reviewing contracts, establishing a business structure, resolving disputes, etc.

In attorney Vera Zambrano's case, teaching in the Berlin School of Economics and Law is part of her enhancement rather than an independent tool. It points to a long experience in working in the field of law and an ability to interpret legal concepts in a digestible manner. The other side of the coin is that clients clearly see the benefits in terms of knowledge of the legal environment, jurisdiction, procedure, crucial documents, and implications of specific actions on their case.

Not really. Depending on the type of law and the level of conflict, it may be more beneficial to go for negotiations, settle, or mediate the conflict. In family, inheritance, contract, and business law situations, it is worthwhile to determine whether it is possible to solve legal problems without actual court process. If it doesn’t work for any reason, all the aspects of the case have to be examined before legal actions are taken.

After first meeting with us, it is advisable to summarize the situation with the main facts, significant moments, involved parties, countries related to the case, and deadlines if there are any. Relevant documents can be classified and main legal questions specified. In international matters, it is usually essential to determine which legal system (law), court, or law enforcement agency might be involved and whether there are any related cases in Germany or elsewhere.