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Germany Family Legal Questions answered by Lawyers

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Heirat in Kenia
Marriage
Family
Legal Document
Bitte senden Sie mir eine Email an rechtsanwaeltin@aydan-adel.de
Threats to life by Wife
Family
Domestic Violence
Hello:Presuming this is within Philippine jurisdiction, threats to life are taken seriously under the Revised Penal Code, particularly Article 282 on grave threats. If your wife is threatening to poison or kill you, this constitutes a criminal act which can be reported and filed as a complaint directly with the Prosecutor’s Office if the police did not act.As to urgently getting her out of your rented apartment, a.) you may apply for a Barangay Protection Order (BPO) or a Temporary/Permanent Protection Order (TPO/PPO) under Republic Act 9262 or the Anti-Violence Against Women and Their Children Act, since the law covers not just women but also allows men to seek protection where their safety and security is at risk inside the household, b.) you may initiate a Petition for Protection Order before the Family Court which can order her removal from the residence and restrain her from harassing or threatening you, c.) you may also write a formal demand to your landlord citing security reasons and request that your wife be excluded from the leasehold if you are the principal lessee.It is important that you secure evidence of the threats such as text messages, recordings, or testimonies of neighbors and family members, as these will strengthen your petition. Immediate legal action is the best remedy since inaction by the police does not bar you from going directly to the prosecutor or the court.We at Recososa Law Firm have offices in Luzon, Visayas and Mindanao. We can schedule an initial consultation via Google Meet or Zoom call, or you may visit us physically at our office. You may send us an email at recososalawfirm@gmail.com and indicate that you are a client from LawZana, or call/text us at +639175046510.If this answers your concern, I hope it is not too much to ask to like and share our Facebook and Google pages below. This will surely inspire us to do more of this here:Google Page:https://g.page/r/CW7ozgJGLkAMEAI/reviewFacebook Page:https://www.facebook.com/RecososaLawFirmSincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp: +63-917-504-6510

About Family Law in Ravensburg, Germany

Family law in Ravensburg, Germany deals with legal matters involving relationships between spouses, life partners, parents, and children. These cases often concern marriage, divorce, child custody, maintenance (alimony or child support), parental rights, adoption, and domestic partnerships. Ravensburg, being part of Baden-Württemberg, follows both federal German laws and additional local regulations, making it important for residents to understand the legal landscape and their rights regarding family matters.

Why You May Need a Lawyer

Many people seek out legal assistance for family issues due to the complexity and emotional nature of such cases. You may need a lawyer for any of the following common situations:

  • Divorce proceedings, including mediations and property division.
  • Establishing or challenging child custody and visitation rights.
  • Calculating and asserting maintenance or child support claims.
  • Drafting prenuptial or postnuptial agreements.
  • Adoption processes or guardianship matters.
  • Handling cases of domestic violence and seeking protective measures.
  • Ensuring fair treatment in cases involving international families or cross-border situations.

Local Laws Overview

Family law in Ravensburg is primarily governed by the German Civil Code (Bürgerliches Gesetzbuch or BGB) and the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (FamFG). Specific local court procedures and mediation services may apply in Ravensburg. Key aspects include:

  • Marriage and partnership regulations, including the legal recognition of civil partnerships.
  • Divorce requirements and the principle of separation for one year before a divorce is possible.
  • Child custody is based on the child's best interest, often favoring shared custody when feasible.
  • Maintenance obligations for children and spouses, calculated according to the Düsseldorfer Tabelle, which serves as a guideline nationwide.
  • Guidelines for asset division, focusing on equitable distribution.
  • Special considerations for international cases, especially when one parent lives abroad.
  • Support services are often available through Jugendamt (Youth Office) for questions on child welfare and support.

Frequently Asked Questions

What are the steps to get divorced in Ravensburg?

The divorce process usually begins with living separately for at least one year. After this period, one partner can file a petition with the local family court (Familiengericht). The court will address issues such as custody, maintenance, and division of property as part of the proceedings.

How is child custody determined?

Custody is based on the child’s well-being and typically shared between parents unless it is demonstrated that joint custody would not serve the child's best interests. The court may involve Jugendamt in making this decision.

How do I calculate child support in Ravensburg?

Child support obligations are generally calculated using the Düsseldorfer Tabelle, taking into account the income of the obligated parent and the needs of the child.

Can I create a prenuptial agreement under German law?

Yes, German law allows for prenuptial agreements (Ehevertrag). These must be notarized to be valid and can address issues like property division and maintenance.

What rights do unmarried parents have regarding their children?

Unmarried parents can share custody if they both agree and make a joint declaration at the local Youth Office. Otherwise, the mother has sole custody at birth, but this can be altered through mutual agreement or court order.

What should I do if I face domestic violence?

You have the right to seek immediate protection. Contact the local police or Frauenhaus (women’s shelter) for urgent help. You can also request a protection order from the family court.

What happens to our shared property after divorce?

Germany typically applies the community of accrued gains principle. Each spouse retains individual property, but gains made during the marriage are split equally at divorce unless otherwise agreed.

Can grandparents apply for visitation rights?

Yes, grandparents and other close relatives can apply to the court for visitation if it benefits the child’s interests.

Are same-sex partnerships legally recognized?

Yes, same-sex marriages and partnerships hold the same legal status as heterosexual ones in Germany, including all associated rights and responsibilities.

How do international family disputes get resolved?

Cross-border family cases can be complex and may be governed by European Union law, international treaties (like the Hague Convention), and German law. It is important to consult a lawyer familiar with international family law in such situations.

Additional Resources

People in Ravensburg seeking legal advice or support in family matters can turn to several resources:

  • Jugendamt (Youth Office) - provides information on custody, child support, and welfare services.
  • Family Court (Familiengericht) Ravensburg - for formal legal proceedings regarding divorce, custody, and more.
  • Frauenhaus Ravensburg - offers assistance and shelter for women affected by domestic violence.
  • Rechtsanwaltskammer Tübingen - regional bar association, can help you find local specialized family lawyers.
  • Deutscher Anwaltverein - directory of lawyers, including those specializing in family law.
  • Sozialdienste der Stadt Ravensburg - city social services for support and counseling.

Next Steps

If you need legal assistance in a family law matter in Ravensburg, here are practical steps to move forward:

  • Identify and list your specific concerns or questions regarding your family situation.
  • Gather relevant documents, such as marriage certificates, proof of income, communication with the other party, or court notices.
  • Contact a qualified family law lawyer in Ravensburg for an initial consultation. Many offer an introductory meeting to assess your case and outline options.
  • Reach out to the appropriate local authority or support organization (such as Jugendamt or Frauenhaus) if immediate action or advice is needed.
  • Proceed with formal legal actions or mediation if recommended by your lawyer, and always keep copies of correspondence and documents.

Professional legal advice is crucial for understanding your rights and obligations under German law, particularly when the matter is complex or contentious. Taking timely action and working with a qualified lawyer ensures the best possible outcome for your family situation in Ravensburg.

Lawzana helps you find the best lawyers and law firms in Ravensburg through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Family, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Ravensburg, Germany - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.