Family law · News
Our practice areas Anwaltskanzlei Bohn · Gersthofen · Greater Augsburg
Family law
Family law governs what marriage, separation and divorce legally entail for assets, pension provision, maintenance and children.
Specialist lawyer for family law (Fachanwältin) Christiane Bohn assists at Anwaltskanzlei Bohn in Gersthofen individuals in the Greater Augsburg area through separation and divorce. She seeks arrangements that go beyond the procedural aspects.
Counselling is available in German and Romanian, in person, by phone or online.
How we support you
- Separation and divorce Separation period, divorce petition, procedural timeline.
- Parental custody and contact Arrangements that support the everyday life of the children.
- Division of assets Gain equalisation, real estate, corporate shareholdings. A particular focus is on separations involving the division of substantial assets.
- Marriage contract and divorce settlement agreement Advice and substantive preparation.
- Pension equalisation and maintenance The division of pension rights accrued during the marriage. Maintenance: separation, post‑marital and child maintenance in connection with separation and divorce.
- Mediation For couples who wish to develop their arrangements together.
How we work
A court proceeding resolves a legal dispute, not necessarily the underlying conflict. Where relationships persist beyond divorce because of children or a jointly run business, we combine the legal assessment with a systemic analysis and, if both parties wish, with mediation.
Where one party must enforce its rights, Frau Bohn represents that side objectively and with a clear stance.
We strictly separate the two roles: As mediator she is equally committed to both parties and makes no decisions. As lawyer she represents only one side in the same matter.
FAQ
Frequently asked questions
Your question is not listed? Talk to us - we will gladly sort out where your matter belongs.
Get in touchHow long must a couple live apart before they can file for divorce?
Usually one year. The law presumes the marriage has failed if the spouses have lived apart for one year and the respondent consents to the divorce, or if they have lived apart for three years (§ 1566 BGB). Before the end of the separation year, a divorce is only possible on grounds of undue hardship (§ 1565 para. 2 BGB). What constitutes living apart is regulated by § 1567 BGB and is often contested in individual cases.
Is a lawyer required for a divorce, and can one lawyer represent both parties?
Yes, legal representation is mandatory (§ 114 FamFG). Anyone who files for divorce must engage a lawyer. The spouse who merely consents does not need separate representation. However, a lawyer always represents only one side and may not act for both spouses, as their interests may conflict. Couples wishing to find joint arrangements can use mediation.
What does a divorce cost?
The fees depend on the value of the matter. The court determines this according to § 43 FamGKG, taking into account the spouses’ income and assets as well as the scope and significance of the case. As a guideline, three times the spouses’ monthly net income is used. The value is at least €3,000 and at most €1,000,000. Negotiating additional ancillary matters increases the value. An amicable settlement usually keeps costs lower. We discuss the expected costs during the initial consultation.
What happens to assets and pension provision in a divorce?
If the spouses have not agreed otherwise, they are subject to the statutory matrimonial property regime of the community of accrued gains. After divorce, the increase in assets accrued during the marriage is equalised (gain equalisation). Pension rights acquired during the marriage are generally divided (pension equalisation) and this is automatically part of the divorce proceedings. Real estate and corporate shareholdings make the calculation complex, so early legal advice is advisable.
What is mediation and how does it differ from legal representation?
Mediation is a confidential, structured process in which the parties voluntarily and autonomously seek a mutually agreeable solution. The mediator is independent and neutral and has no decision‑making authority; the parties may terminate the mediation at any time (§§ 1, 2 MediationsG). Anyone who has acted as a mediator may not represent a party in the same matter (§ 3 para. 2 MediationsG). Any agreement reached should be legally reviewed before signing.
Contact
Let us talk
Whether inheritance, separation or a property issue: tell us about your concern and we will get back to you promptly. Phone: 0821 / 50894930 E‑mail: info@anwaltskanzlei-bohn.de