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Trostel & Frank Rechtsanwälte
Vaihingen an der Enz, Germany

English
Trostel & Frank Rechtsanwälte, located in the heart of Vaihingen an der Enz, Germany, has been providing comprehensive legal services in civil and criminal law to individuals and businesses nationwide for several decades. The firm is led by experienced attorneys Dietmar Trostel and Kristian Frank,...
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Germany Family Legal Questions answered by Lawyers

Browse our 1 legal question about Family in Germany and the lawyer answers, or ask your own questions for free.

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.

About Family Law in Vaihingen an der Enz, Germany

Family law in Vaihingen an der Enz covers a wide range of legal matters that affect family relationships. As part of the state of Baden-Württemberg, the town is subject to German federal law as well as local regulations regarding family issues. These can include marriage, civil partnerships, divorce, child custody, adoption, maintenance obligations, and protection against domestic violence. The goal of family law is to protect the interests of all family members, ensure children's welfare, and provide fair resolutions when disputes arise.

Why You May Need a Lawyer

Seeking legal guidance in family matters can be crucial due to the emotional and legal complexity of such situations. Common situations where people in Vaihingen an der Enz may require a family law lawyer include:

- Getting married or entering a registered civil partnership, especially if you wish to establish prenuptial agreements
- Deciding to divorce or dissolve a partnership, including the division of property and assets
- Disagreements or negotiations about child custody, visitation, and maintenance (Unterhalt)
- Applying for or contesting adoption
- Dealing with cases of domestic violence and requiring protection orders
- Resolving disputes concerning parental rights or responsibilities
- Inheritance and succession matters within family structures
- Legal representation in family court proceedings

A qualified family lawyer can help explain your rights and obligations, assist with documentation, mediate disputes, and represent your interests before authorities or courts.

Local Laws Overview

Family law in Vaihingen an der Enz is based on the German Civil Code (Bürgerliches Gesetzbuch or BGB) and is enforced through local family courts (Familiengericht). Some key aspects include:

- Marriage and Partnership: Spouses can sign prenuptial agreements, and both partners have mutual rights and duties.
- Divorce: Usually follows a mandatory one-year separation period. Questions regarding custody and financial support are central.
- Child Custody: Rights are shared unless the welfare of the child is at risk. Courts prioritize the best interests of the child.
- Maintenance: There are statutory maintenance obligations for children, spouses, and in some cases, parents.
- Violence Protection: The Act on Protection against Violence (Gewaltschutzgesetz) provides for protective orders in cases of abuse or threats.
- Adoption: German adoption law applies, emphasizing thorough assessment for the child’s welfare.
- Local Family Court: The Amtsgericht Vaihingen an der Enz is where family legal matters are generally filed and processed.

Frequently Asked Questions

What steps are required to get married in Vaihingen an der Enz?

You must register your marriage at the local registry office (Standesamt) with the required documentation such as identification, proof of residence, and, if applicable, divorce or birth certificates.

How is property divided in a divorce?

Generally, community property acquired during the marriage is divided equally unless a prenuptial agreement specifies otherwise. Certain personal assets may remain with the original owner.

How is child custody decided after a separation?

The court prioritizes the best interests of the child, usually granting joint custody unless compelling reasons exist for sole custody.

Can I apply for child support if my ex-partner lives abroad?

Yes, Germany has international agreements that allow enforcement of child maintenance claims across borders, though the process can take longer.

How long does a divorce take in Vaihingen an der Enz?

A standard divorce takes at least one year due to the mandatory separation period, but may take longer if complications arise regarding children or property.

Is mediation required before going to court?

Mediation is not always mandatory but is highly encouraged, especially in child custody cases, to reduce conflict and court time.

Can grandparents gain visitation rights?

German law allows grandparents to request visitation rights if it is in the best interest of the child and the relationship is beneficial.

What protection is available in cases of domestic violence?

Victims can apply for protective orders at the local family court. The police and local shelters also provide immediate assistance.

Can partners who are not married get custody rights?

Unmarried parents can obtain joint custody by submitting a custody declaration (Sorgerechtserklärung) or through the family court.

Where do I file family law applications?

Family law applications are filed at the Amtsgericht Vaihingen an der Enz, which is the competent local family court.

Additional Resources

If you need support or more information about family law in Vaihingen an der Enz, you can turn to the following resources:

- Amtsgericht Vaihingen an der Enz: Local court for family law matters
- Standesamt Vaihingen an der Enz: Registry office for marriage and civil status matters
- Jugendamt (Youth Welfare Office): Support for issues concerning children and young people
- Anwaltverein (Bar Association): For qualified family lawyers in the region
- Caritas and Diakonie: Organizations offering advice and counseling in family matters
- Women’s Shelters (Frauenhäuser): Protection and support for victims of domestic violence

Next Steps

If you believe you need legal assistance in family law in Vaihingen an der Enz, consider these steps:

1. Collect and organize all relevant paperwork related to your situation, such as marriage certificates, birth certificates, proof of residence, and financial documents.
2. Consider contacting the Jugendamt if children are involved, as they can offer support and mediation.
3. Seek an initial consultation with a qualified family lawyer who is experienced in German and local laws.
4. If under immediate threat or in danger, contact the police or local women’s shelter for urgent help.
5. Prepare to attend mediation or counseling if recommended, especially for matters involving children.
6. File necessary applications at the Amtsgericht Vaihingen an der Enz if legal proceedings are required.
7. Continue to follow your lawyer’s advice to protect your rights and reach the best possible resolution.

Remember, seeking timely advice can help prevent misunderstandings and safeguard your interests during challenging family situations.

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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.