Separations and divorces almost always have considerable economic consequences for clients. Sometimes complex questions arise, e.g. regarding equalisation of gains, separation of property, division of assets and the interpretation of marital agreements.
As lawyers specialising in family law, we support you in the settlement of joint real estate, company shares, medical practices or practices of freelancers as well as your other assets. Tax aspects are also taken into account.
Several of our lawyers have been highly recognised in specialist circles through publications in this area of family law.
Matrimonial property law
Matrimonial property law governs the property relations between spouses. However, not all property relations between spouses are of a matrimonial property nature.
A distinction must be made between effects based on the matrimonial property regime (e.g. community of accrued gains) and effects under matrimonial law that occur regardless of the matrimonial property regime (e.g. maintenance obligations).
For example, if one partner is self-employed, there may be other property ties between spouses without these stemming from the marital legal relationship. This includes legal transactions such as employment and partnership agreements.
Our family law specialists will clarify the complicated legal relationships for you and help you to protect your rights.
Equalisation of accrued gains
The equalisation of accrued gains follows from the matrimonial property regime of community of accrued gains, which is provided for by law as a rule. The equalisation of gains after a divorce therefore always takes place if the spouses have not agreed any other matrimonial property regime.
When calculating the equalisation of accrued gains, the basic principle is that each of the spouses should share equally in the success generated by their joint efforts. The clarification of claims to equalisation of accrued gains and the review of marital agreement provisions on the matrimonial property regime are part of our area of responsibility - although it sounds simple, these are usually very difficult questions that should be clarified by experienced specialist lawyers for family law.
Separation of property
In addition to community of property, separation of property is a legal alternative to community of accrued gains. The basic idea of separation of property is characterised by the fact that the marriage should be independent of the spouses' assets. The spheres of property, i.e. the assets brought into the marriage, remain separate. The same applies to assets acquired during the marriage and, for example, liability for debts. Accordingly, there is no equalisation of accrued gains in the event of the dissolution of the marriage.
Our law firm advises clients and colleagues on the choice of matrimonial property regime, e.g. against the background of real estate, capital or business assets.