Stieger+Schütt Rechtsanwälte

As an employee, you act in the interests of the employer whenever possible. Nevertheless, problems can arise with the employer, other employees or supervisors. With an expert and solution-oriented approach, conflicts with financial and other disadvantages can often be prevented.
 

For example, responding appropriately to improper behavior by an employer (such as a transfer to another job or activity) can defuse or even prevent a conflict. Even if termination cannot be prevented in individual cases, its consequences can be mitigated through skillful negotiations and, if necessary, compensation payments can be achieved.
 

If negotiations are unsuccessful, we will enforce your claims before authorities and courts. In order to solve such problems, the lawyers at Stieger+Schütt Rechtsanwälte will be happy to support you with their many years of experience and professional competence.

We work for you in these areas:
 

 lawsuit in court

Advice and representation before arbitration boards, authorities and courts in lawsuits against the employer or in  lawsuits by the employer
 

Out-of-court negotiations in labor disputes (with all parties involved)
 

 Termination

Advice and representation in the event of  ordinary terminations (e.g. in the event of abusive termination) 
 

Advice and representation in case of blocking period issues  (e.g. due to illness/accident, maternity, etc.) 
 

Advice and representation in the event of unjustified  terminations without notice
 

 employment contract

Control of  employment contracts  before conclusion (also with regard to the consequences under social security law)
 

 Termination Agreement / Release

Drafting and negotiation of termination agreements (mutual termination of the employment contract) and leave of absence (waiver of the employee’s further appearance at the workplace)
 

 Contract change / restructuring

Advice and representation in the event of change of notice , collective redundancies ,  transfer of business
 

 working hours

Advice and representation in claims for  overtime and overtime 

Advice and representation in the event of violations of labor law (e.g. regarding night work, Sunday work, maximum weekly working time, overtime, shift work, etc.)
 

 non-competition clause

Advice and representation in the conclusion or violation of a non-competition clause 
 

Checking non-competition clauses for their admissibility
 

 Bonus and employee participation

Advice on claims from  bonus and employee participation
 

 Enforcement of wage claims

Advice and representation in the enforcement of wage claims (also in bankruptcy, insolvency compensation)

 certificate of employment

Advice and representation on the issues of  issuing and correcting job references (intermediate reference, final reference), advice on the subject of  reference information
 

 staff representation

Advice and representation on issues related to participation in the company (works council, staff committee)
 

 collective agreement

Advice and representation on topics related to collective labor agreements , e.g. disputed claims from a collective labor agreement
 

 apprenticeship

Advice and representation in connection with problems relating to apprenticeship contracts (e.g. termination before the end of the teaching period), negotiations with educational authorities
 

 Equality / Discrimination

Advice and representation in claims arising from  discrimination based on gender, e.g. regarding wages, employment, termination, etc.
 

Representation before the arbitration authority under the Gender Equality Act  and in court

Separation and divorce solve many problems, but they also create new ones. Separation and divorce should therefore be carefully considered. We will show you what effects a separation or divorce will have on your life, especially on your children and your finances.
 

 Legal representation, advice or mediation?

You decide whether we should represent you in court proceedings or only advise you in the background , for example because you have negotiated an agreement in mediation and would like to have checked how far the mediation agreement is from the law.
 

 Trial or Settlement (Convention)?

We do not shy away from litigation in court. Wherever possible, however, we strive for an agreement (so-called convention) , whether before the initiation of court proceedings or afterwards. After an agreement, you can look your ex-spouse in the eye better, which is especially important if you have children together and want to continue to cooperate at the parental level. Your children will thank you! An agreement costs less money, time and nerves than contentious court proceedings. At the end of the day, you know exactly what the outcome of the negotiation is and don't risk a judgment that goes beyond your expectations. Conventions also leave more room for creative solutions in addition to the letter of the law. 
 

In order to solve such problems, the lawyers at Stieger+Schütt Rechtsanwälte will be happy to support you with their many years of experience and professional competence.

We work for you in these areas:
 

 alimony

A basic distinction is made between child support (payment in kind, cash support and care support) and spousal or post-spousal support including pension support.

The calculation and differentiation of these different types of maintenance is complex. We bring all of our (specialist) legal knowledge to bear on your behalf in order to achieve a result that is acceptable to you. Do not orientate yourself on the maintenance payments that other people in your environment pay or receive, but let us calculate  the maintenance payments based on your specific situation and represent the result through us.
 

 Allocation of parental authority and custody

In a divorce, both parental responsibility and custody of the children are assigned to one or both spouses. In 2014, joint parental responsibility was introduced as a general principle in the Civil Code (ZGB). Depending on the constellation, however, allocation to one parent is still possible. In all constellations, a regulation must also be found

about the care of the children or the right to visit . We will show you the various options for regulating children's matters and support you in finding a solution.    

 matrimonial property

The marital property dispute can be highly complex. We do not simply estimate, but make calculations that are as precise as possible , which many courts and lawyers shy away from. If you don't take this very seriously, you can lose or not receive a lot of money, depending on your financial situation.
 

 matrimonial property law

Real estate often represents the main financial and emotional value of the marital property . The questions that arise must be examined accordingly.
Which spouse is allowed to stay in the property?
Is the property in sole ownership, co-ownership or joint ownership?
Who invested how much in the property (including amortization of the mortgage)? At what times? From which mass of goods? How can this be proven? Was there anything in return? Did the investments relate to the purchase price, maintenance or value-enhancing conversions? How has the value developed over the years?
Can we remain joint owners after the divorce?
How is future real estate gains tax to be taken into account?

These and other questions have an impact on the outcome of the matrimonial property dispute, often more than one might expect.

Real estate and home ownership promotion: Real estate you live in is often financed by moving into or pledging the second and third pillars. We explain to you what this means in the divorce. 
 

 pension compensation

In the event of a divorce, the assets saved in the occupational pension plan during the marriage are divided. Gone are the days when you stubbornly divided the pension assets accumulated during marriage into equal shares. Since 2017, the law has offered other interesting solutions, depending on the constellation, which we will examine for you. 
 

 Marriage and inheritance planning

A marriage contract and/or a contract of inheritance or  a will offer you opportunities to favor or disadvantage your spouse to the maximum. Our specialist lawyers for family law will be happy to show you different options. 
 

 Marriage settlement

A prenuptial agreement can prevent many problems in the future when times are good . Although the well-known separation of goods can be a solution, it often leads to unbalanced results. In addition, there are other options for marital planning . Do you want to buy a property together? Do you have a business that you don't want to lose in the event of a divorce? Or does one spouse have much more assets than the other? These are examples of constellations that should be planned while you can still talk to each other. And if you missed this, we will help you get out of the troubles in the most cost-effective way possible.
 

 Amendment of divorce judgments and marital protection judgments

In the event of a significant and permanent change in the circumstances, the maintenance payments for the ex-spouse and the children's concerns (parental care, custody, care shares, visitation rights and maintenance payments) may be changed. You will learn about your chances and risks from us, and we will represent you out of court or in court. 
 

 Registered partnerships

The planning and dissolution of registered partnerships differs in important parts from the standard regulation of a marriage between a man and a woman. We will show you the differences and represent you. 
 

 cohabitation contract

We draw up cohabitation contracts, for example when an unmarried couple buys a property or when you want to have children. You can also find out about inheritance planning options from us. 
 

 relation to Germany

With one German specialist lawyer and one Swiss specialist lawyer SAV for family law, our law firm is ideally suited for cases relating to Germany. Which right is more favorable for you? In which state is the procedure to be initiated and conducted and in what way?

As an heir, you are suddenly faced with questions on various topics, such as deadlines, inheritance agreements, real estate, procedures , etc. We have summarized some of these questions for you on this page.  

Our lawyers at Stieger + Schütt will advise and support you with our many years of experience in questions of inheritance . If you  have questions about the precautionary options as a testator, see our page.

The following questions are often asked during the consultation:

 As an heir, do I have to act quickly?

There are a number of deadlines to be observed in inheritance law. For reasons of piety, many heirs consult a lawyer too late. In certain cases, a lawyer can still save something despite the missed deadline, while in other cases it is all too late. Many deadlines last one year (e.g. action for reduction, action for avoidance and action for inheritance), three months (rejection) or one month (application for public inventory). However, the action for the division of an inheritance is not time-barred. 
 

Are my rights violated by the will or the contract of inheritance?
 

We check whether wills are formally valid and whether the content is permissible. Is your compulsory portion preserved or were you disinherited? Are inheritance advances taken into account? Are certain pre-receipts subject to equalization? We will be happy to check these and other questions for you. 
 

 Legal representation, advice or mediation?

You decide whether we should represent you in a process or only advise you in the background, for example because you have negotiated an agreement in mediation and would like to have checked how far the mediation agreement is from the law. 
 

 Process or agreement in an inheritance agreement?

Wherever possible, we aim to reach an agreement (contract on the division of estates), whether before or during court proceedings. Heirs are mostly related to each other and do not want a court case between family members. An agreement also costs less money, time and nerves than contentious court proceedings. At the end of the day, you know exactly what the outcome of the negotiation is and don't risk a judgment that goes beyond your expectations. Agreements leave more room for creative solutions beyond the letter of the law. In an emergency, however, we do not shy away from litigation. 
 

 How do you proceed?

Our approach can be summarized as follows: "As gentle as possible, but as aggressive as necessary." Every case is different. You specialize in the psychology of your co-heirs and know which tone of voice leads to the greatest success. As a rule, we first try to talk to the other heirs in order to find a peaceful solution that does justice to your interests. We adapt the procedure to the specific case and discuss our approach with you. 
 

 Do you also represent several heirs together?

We can also represent several heirs if you wish. If heirs do not want to argue, but simply do not know the legal situation and therefore the distribution of the estate, it is a good option for several heirs to have us represent them. The prerequisite for this is that the ideas of the heirs are not too far apart. Joint representation usually leads to good agreements quickly and inexpensively. However, one is also “damned” to an agreement. If the efforts at reconciliation definitely fail, we must not suddenly represent only some of the heirs against the others. In such a case, we would have to resign the mandate. 
 

 How to proceed if there is a matrimonial property?

Real estate often represents the main financial and emotional value of an estate. The questions that arise when the first of two spouses dies must be examined accordingly. Can the surviving spouse remain in the property? Was the property sole property, co-ownership or joint property of both spouses? Which spouse invested how much in the property (including amortization of the mortgage)? At what times? From which mass of goods? How can this be proven? Was there anything in return? Did the investments relate to the purchase price, maintenance or value-enhancing conversions? How has the value developed over the years? These and other questions affect the size of the estate and the entitlements of the surviving spouse, often significantly more than one might expect. 
 

 What about registered partnerships?

If a registered partner dies, the distribution of inheritance differs from that of spouses in terms of matrimonial property, because the law provides for separation of property as the normal case. We would be happy to support you as the heir of a deceased person in a registered partnership.