Guiding International Families Through Cross-Border Divorce
Initial Legal Consultations Available in English, German, and Spanish
Divorce is never easy. If there is a cross-border marriage, it is quite possible that the legal process will be a lot more complicated. Issues of court jurisdiction, parental rights, child maintenance, pension claims, foreign property rights and enforcement of foreign courts’ decisions can all be relevant.
We help expatriates, foreign nationals, military families and international couples married in Germany and another country. We understand that every family is different, and we are able to work with you to find out how we can help you in terms of your legal situation in the future.
We would like to provide you with our professional legal advice in relation to your personal situation, if you were married abroad, have immigrated to Germany, have children, or possess any assets in different countries.
What Is an International Divorce?
An international divorce is a divorce when the parties involved are from two different countries.
This can be when:
- The spouses are of different countries.
- Marriage was out-of-country.
- The family moved to Germany.
- One spouse is in another country.
- Children have connections to more than one country.
- There are assets or businesses in other countries.
- One spouse wants to move away from the other spouse after separation.
- The foreign divorce might require to be recognised in Germany.
International divorces may need to be handled with great care as to which jurisdiction the courts are in, what laws apply and how any international agreements may impact the divorce.
Determining Jurisdiction
The initial legal issue in an international divorce is jurisdiction and which country’s courts have jurisdiction.
Jurisdiction is not limited to citizenship or place of marriage. Courts might take into account, among other criteria, the locations where the spouses reside, their usual place of abode, their legal residence and other legal principles applicable to a particular case.
In cases like that, a family law case may be subject to German courts if, for instance, an international couple has settled their family life in Germany. However, if the family has moved and their life has been established in another country, then the courts of that country may have jurisdiction.
Each case is unique and cases should always be decided according to the circumstances of the family before legal proceedings are commenced.
Germany’s One-Year Separation Requirement
The general requirement in Germany that spouses must live apart before the divorce can generally be granted is not known to many of the foreign clients.
The point of this is to allow couples an opportunity to consider what they want to do in their relationship and to consider whether it is possible to come back together.
One does not need to separate physically by living in different homes. Where: the spouses reside in the same home, but they no longer function as partners.
Cases where an exception can apply are few, but each should be handled on its own merits.
Financial Support During and After Divorce
One of the most common concerns following separation is financial security.
While one spouse has been largely involved in work, the other might have concentrated more on raising children, running the household or assisting the family in moving to Germany.
German family law does allow for non-financial and financial contributions to a marriage to be recognised.
In some cases, during separation and, in certain situations, after the divorce, one spouse may be liable to provide financial assistance to another spouse.
Deciding whether or not maintenance is advisable will depend on factors like:
- The income of each person in the marriage.
- The duration of the marriage.
- Childcare responsibilities.
- An opportunity for both spouses to become self-supporting.
- The factors affecting a family member.
Each case is different. A lawyer will be able to clarify these principles and offer advice to you in light of your particular situation.
Pension Equalization
Some international clients are surprised to find that benefits earned during a marriage can also be dealt with in a divorce.
If one spouse stayed in the work force and the other spouse took a break or decreased work time to raise children or support the family, those differences may emerge in the divorce proceedings.
In general, German law provides for a pension equalization process (Versorgungsausgleich), which takes into account pension benefits that have been accrued during marriage.
It is crucial that you understand the impact pension equalization can have on your financial future when preparing for divorce, especially if your spouse has been out of the workforce for extended periods of time.
International Property and Financial Matters
International couples tend to own more than a family home. They may also have:
Real estate across the countries.
• Businesses.
• Investment accounts.
• Foreign bank accounts.
• Retirement assets.
• Inherited property.
When assets are located in multiple countries, the legal and practical issues involved can become more complex.
Avoiding a court will often be more flexible, if an informed and negotiated agreement can be reached about how the assets are to be divided. Negotiation allows the involved parties to sort out practical aspects like valuing of the assets, taxes, and managing any foreign property interests.
Where litigation becomes unavoidable, negotiation can be helpful in saving costs, preserving your money, and providing much-needed clarity during this new start for the two parties
Children and Parenting After Separation
In cases involving children, the focus must be on children’s stability and welfare.
Wherever possible, parents are encouraged to be consistent with the child’s daily life, which may include:
- Their home environment.
- Routine at school and in the educational setting.
- Social and/or neighbourhood networks.
- Relationship with parents (where appropriate).
- A consistent and predictable schedule.
All families are unique. Some parents decide to share parenthood responsibilities, as opposed to one parent having primary responsibility with the other parent having additional responsibilities or being involved as per the agreement.
International family law is not a game that involves winners and losers. Parents can do well when they collaborate to find a realistic solution that helps them stay in their children’s life, and is also in the interests of the children.
The courts will be able to deal with the matter in the event that no agreements have been made. However, if possible, having an understanding discussion and finding a solution in a family-friendly manner will be useful in preventing conflicts.
Child Support
Parents should also take into account what the financial needs of their children will be after separation.
There are several factors that determine the amount of child support that is obtained, such as the parents’ income, parenting plans, and the laws that apply.
Knowing what rights and duties you have before entering into an agreement can help make sure suitable arrangements are made for the kids.
Amicable Divorce
Not all divorces have to be protracted court cases.
A divorce proceeding can be more efficient, less stressful and less costly when both parties are willing to communicate in a respectful manner and agree prior to the start of the case.
Agreements commonly address:
• Property division.
• Parenting arrangements.
• Child support.
• Spousal maintenance.
• Pension equalization.
• Financial responsibilities.
In Germany, only a single lawyer is engaged for one spouse. In a few cases, however, the other party to the marriage will waive the need to have a separate lawyer if they agree with the proposed terms and feel comfortable doing so.
This approach can help minimize legal fees and make the process of the legal proceedings very clear for the attorney. Every partner should, however, have a basic understanding of their own legal rights before making a decision of what to do.
Understanding Your Rights
If you have been the breadwinner or have been a spouse who took a break from work life to take care of the kids and the family needs, it is crucial that you are familiar with your rights before making any decision.
It is important to know before signing any deal:
- Whether or not you might be eligible for spousal support.
- Whether you may be affected in your retirement by pension equalization.
- The ways in which child support might be calculated.
- Issues of property and financial assets that can be discussed.
- Whether or not international issues can have an impact on your divorce.
It would definitely be a good move for many couples to engage in a constructive discussion regarding the future. Discussions are most likely to bear fruits if both sides are aware of their legal obligations.
Having legal counsel from the outset of the dispute helps to determine the options, financial consequences of various choices, and then negotiate accordingly.
Frequently Asked Questions
Is there any chance for me to get divorced in Germany, if I got married abroad?
Yes, usually. The decision depends upon your specific case and whether Germany has a jurisdiction in your case or not.
Before getting a divorce, do I have to live apart?
Although there may be exceptions, German law generally prohibits divorce until the couple has been apart for a year prior to filing for divorce.
Is it feasible to split property overseas in Germany?
International property issues could be complicated. The processing of foreign assets is subject to the conditions and the legal framework.
Will my foreign divorce be recognized in Germany?
Recognition will depend on the law and jurisdiction in which the divorce is issued.
Post-divorce, can I go back to my native country with my kids?
The international relocation of children involves many legal issues that should be addressed before any international move occurs.
Why Choose Vera Zambrano & Team Law Firm?
The process of getting divorced for international couples is more complicated than domestic. It involves often traversing several legal systems, advocating for parental rights, dealing with international financial problems and future planning.
Vera Zambrano & Team Law Firm specialize in helping international families with complex cross-border family law issues in Germany.
We provide:
First legal advice in English, German and Spanish.
Advice for expatriates, foreigners and multinationals families.
Have experience with cross-border family law issues.
Realistic and pragmatic legal solutions that address individual needs.
Good communication at all development stages.
We strive to inform our clients about their legal rights in order to allow them to make informed decisions.
Educational Information Only
The information on this page is designed for general educational purposes only and is not legal advice.
International divorce issues will be based on the fact of each divorce, the countries involved, and applicable law.
The publication of this page does not establish an attorney-client relationship with Vera Zambrano & Team Law Firm.
In the event that your divorce involves Germany and another country, we recommend you to seek legal counsel that is suited to your situation.
Schedule an Initial Consultation
When marriage involves Germany and another country, legal information early on in the process can be beneficial to you in understanding your rights, assessing options and planning for the future.
Contact Vera Zambrano & Team Law Firm to set up a free consultation, in English, German or Spanish.