Family Law · Germany
Family Law lawyers in Germany for your personal matters
Family matters in Germany are governed by the Civil Code and heard mainly by local courts where lawyer representation is often mandatory. We match you with a vetted specialist who can guide you through divorce, maintenance, matrimonial property and inheritance issues.
- Free, no-obligation matching with vetted family lawyers
- Lawyers required for most family-court proceedings in Germany
- Clear information on deadlines, costs and legal costs
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Overview
Family law in Germany, explained
If you are facing a divorce, a dispute over child maintenance or a question about how matrimonial assets are divided, working with Family Law lawyers in Germany can make the process clearer. German family law is codified in the Bürgerliches Gesetzbuch (BGB) and is applied by local courts (Amtsgerichte), where a lawyer is mandatory in most family-law matters. The default matrimonial property regime is Zugewinngemeinschaft: each spouse keeps their own assets during the marriage, but on divorce the gains accrued during the marriage are equalised. Divorce itself generally requires at least one year of separation. We match you with a German-admitted lawyer who handles your specific matter, explains the procedural steps and statutory fees, and represents you in negotiations or court. The matching service is free and without obligation.
Germany-specific facts
How family law works in Germany
German family law is built on codified rules and formal requirements. The local courts (Amtsgerichte) hear most family cases, legal representation is often mandatory, and several statutory deadlines and notarial formalities shape how matters proceed. Below are the key points our matched lawyers routinely address.
Family courts and mandatory representation
Most family-law matters—such as divorce, maintenance and matrimonial property disputes—are heard by local courts (Amtsgerichte). Under Section 78(1) ZPO, parties before these courts must be represented by a lawyer in these family cases. The lawyer must be admitted in Germany, having passed the two state examinations.
Default matrimonial property regime
Spouses who marry without a contract are in the Zugewinngemeinschaft (community of accrued gains) under Section 1363 BGB. Each spouse keeps their own assets during the marriage, but on divorce the gain accrued during the marriage is equalised, with the spouse with the smaller gain receiving half the difference.
Divorce separation requirement
German law requires at least one year of separation before a divorce can ordinarily be granted, as set out in Section 1566 BGB. A lawyer can help you document the separation date and prepare the divorce petition in the required format for the family court.
Notarial and land-register formalities
If a family-law settlement involves transferring real property, the contract must be recorded by a notary under Section 311b(1) BGB; otherwise it is void. Ownership passes only after the notarised agreement on transfer (Auflassung) and registration in the Grundbuch kept by the local court.
Lawyer fees and cost allocation
Lawyer fees in Germany are set by the statutory Lawyers’ Remuneration Act (RVG) and calculated from the value in dispute, making costs predictable. In civil litigation the losing party generally bears the court fees and the opponent’s statutory lawyer fees under Section 91 ZPO. Legal aid is available subject to an income test.
Key time limit — Family Law
Divorce — 1 year of separation. A divorce can usually be granted only after spouses have lived apart for at least one year.
The data on this page is drawn from official German legal sources and the European e-Justice Portal (current as of 2026).
- German Code of Civil Procedure, Section 78 ZPO – Bundesministerium der Justiz
- German Civil Code, Section 1363 BGB – Bundesministerium der Justiz
- German Civil Code, Section 1566 BGB – Bundesministerium der Justiz
- German Civil Code, Section 311b BGB – Bundesministerium der Justiz
- Land register and abstract conveyance – Verwaltung.bund.de
- Legal aid in Germany – European e-Justice Portal
- National justice systems: Germany – European e-Justice Portal
- Protection Against Dismissal Act, Section 4 KSchG – Bundesministerium der Justiz
- German Civil Code, Section 195 BGB – Bundesministerium der Justiz
- German Civil Code, Section 1944 BGB – Bundesministerium der Justiz
- German Civil Code, Section 573c BGB – Bundesministerium der Justiz
- Code of Administrative Court Procedure, Section 70 VwGO – Bundesministerium der Justiz
Common concerns
Worried about getting German family law wrong?
Many people feel uncertain when they first encounter the German family-court system. These are some of the most frequent worries we hear.
Unsure how German family courts work
The local courts and mandatory representation rules can feel overwhelming. Without the right lawyer, you risk missing deadlines or making procedural mistakes that affect your case.
Worried about fair asset division
The default Zugewinngemeinschaft equalises gains, but valuing assets and applying the rules is not straightforward. You need a lawyer who can explain your exposure and negotiate effectively.
Facing compulsory-share or inheritance claims
Close relatives cannot be fully disinherited under German law. If you are an heir or a claimant, the Pflichtteil rules create complex monetary claims that require careful legal handling.
Why use the matching service
What you get when you request a match
Our service connects you with a German family lawyer who is admitted, experienced and ready to help.
Vetted German family lawyers
Every lawyer we match you with is admitted in Germany and focuses on family law. You can speak with them about your situation before committing.
Clear, predictable costs
German lawyer fees are set by statute and tied to the value in dispute. We help you understand the likely fee structure and any legal aid options.
Mandatory-court guidance
Because a lawyer is required for most family-law matters before the Amtsgericht, we ensure you are connected with someone who can represent you from the first filing.
Local knowledge, nationwide
Matches are available in Berlin, Munich, Hamburg, Frankfurt, Cologne, Düsseldorf, Stuttgart and Leipzig, with lawyers familiar with local court practices.
Coverage
Matching available across Germany and Europe
While this page focuses on Germany, our network also covers many neighbouring European countries. If your family-law matter has cross-border elements, we can help you find the right specialist there as well.
FAQ
Frequently asked questions about Family Law lawyers in Germany
When do I need Family Law lawyers in Germany?
You need a lawyer for most family-law matters before a local court, including divorce, maintenance and matrimonial property disputes. Under Section 78 ZPO, legal representation is mandatory in these proceedings. We match you with an admitted German lawyer who handles your specific issue.
What is the default matrimonial property regime in Germany?
Spouses who marry without a contract are in the Zugewinngemeinschaft. Each keeps their own assets, but on divorce the gain accrued during the marriage is equalised. The spouse with the smaller gain receives half the difference. Other regimes require a notarised marriage contract.
How long do I have to be separated before divorce?
German law generally requires one year of separation before a divorce can be granted. The court may presume the marriage has broken down after this period. Your lawyer can help document the separation date.
Can I be completely disinherited under German law?
No. Certain close relatives, such as descendants and the surviving spouse, have a compulsory share (Pflichtteil) equal to half their intestate share. This is a monetary claim against the heirs, so a will cannot fully exclude them.
Do I need a notary for property transfers after divorce?
Yes. Any contract that obliges a party to transfer land must be recorded by a notary under Section 311b BGB. Without notarisation the contract is void. Ownership passes only after notarised Auflassung and registration in the Grundbuch.
How much does a family lawyer cost in Germany?
Lawyer fees are set by the Lawyers’ Remuneration Act (RVG) and calculated from the value in dispute. The losing party generally reimburses the winner’s statutory fees. Legal aid may be available if you cannot afford the costs.
Free matching
Find your Family Law lawyer in Germany
Tell us about your family-law matter and we will match you with a vetted German lawyer who can guide you through the process. No fee, no obligation.
