Matrimonial law in Germany provides that marriage and the family are constitutionally afforded special protection. This protection is regulated within Article 6 of the Basic Constitutional Law (GG). Specifically, this constitutional provision guarantees certain freedoms that the German state will not intervene in the private sphere of marriage.
The Basics of Matrimonial Law in Germany.
Matrimonial law in Germany relates to the content, the conclusion, and the dissolution of the marriage, as well as the relationship between the spouses.
Unless spouses determine otherwise by way of a marriage contract, they will live in what German law labels a matrimonial property regime of “community of accrued gain.” If the spouses generate an additional gain during their marriage, this gain shall be distributed between the spouses in the event of divorce.
The gain is the amount by which the so-called “final assets” exceed the “original assets.” If the gain of one spouse exceeds the gain of the other spouse, half of the surplus may be claimed by the other spouse as a means of equalization.
Non-marital assets represent those assets brought into the marriage by one spouse after deducting his or her liabilities. If one spouse inherits during the marriage, these assets are to be added to the non-marital assets. In contrast, what German law labels as final assets represents those assets that the spouse can show after deduction of his or her liabilities after the marriage.
In addition to community of accrued gains, the spouses may also choose the matrimonial property regime of separation of property or community of property. However, these must be set out in a marriage contract. Separation of property also involves the separation of assets, but divorce does not compensate any gains. Joint property, on the other hand, provides for all assets of the spouses to become one single and jointly held asset.
Thus, in Germany, the constitution and organization of marriage can be quite diverse and complicated.
Experienced attorneys in Germany.
Jackson Law International is pleased to present its German attorneys, who are admitted to practice law in that country and who allow us to provide a pleasant, competent, and trustworthy international collaborative representation of our clients where borders play no role. We are familiar with issues relating to matrimonial law in Germany and, due to our experience in dealing with such matters, have particularized knowledge and contacts in and concerning the German legal system.
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