International divorce
German-American Divorce
German-American constellations are common in the Munich area – through international corporations and research institutions as well as US families with ties to Bavaria. In a separation, two very different legal systems meet, and the key course is set early. We advise you in English and German and work, where needed, with lawyers in the USA.
The Essentials at a Glance
- The USA has no uniform federal divorce law – every state differs.
- Often both countries have jurisdiction; the choice strongly affects maintenance and assets.
- Prenuptial agreements are more common and often more far-reaching in the USA.
- On maintenance, the two systems differ considerably.
- A US divorce usually needs formal recognition in Germany (§ 107 FamFG).
- Advice in English and German.
US Law Is a Matter for the States
Unlike Germany, the USA has no uniform federal divorce law. Each state has its own rules – on residence requirements, the division of assets and maintenance. Even within the USA it makes a big difference which state would have jurisdiction: some states divide marital assets on the principle of community property (an equal split), others on equitable distribution (a fair, not necessarily equal, distribution). The German model of the community of accrued gains follows yet another logic again. Which law ultimately applies can shift the financial result noticeably.
Where to Divorce – Germany or the USA?
Often both countries could have jurisdiction. The choice of country – the „forum“ – can strongly affect maintenance and the division of assets, and it often also influences which law applies. In addition: if proceedings are already pending in one country, the route in the other is usually blocked. So you should settle this question early and strategically, rather than leaving it to chance or to the other side.
Prenuptial Agreements
In the USA, prenuptial agreements are more widespread and often more far-reaching than German marital agreements. Whether such an agreement takes effect in German proceedings is a question of the individual case: it depends on the applicable law, the form and the content – a prenup valid in the USA is not automatically enforceable here, and vice versa. We review existing agreements carefully and, where sensible, draft an agreement that holds in both legal systems.
Weiter Horizont · Meer
Across an ocean, custody and contact need a calm, far-sighted plan – for the children above all.
Maintenance and Children
On maintenance, too, the systems are worlds apart: the amount, duration and conditions of US alimony and child support follow different standards from German separation, post-marital and child support. With the children, questions of custody and contact across the Atlantic are added – including whether a parent may relocate with the child. In the worst case, the Hague Child Abduction Convention applies here.
Recognition in Both Countries
A US divorce is not automatically effective in Germany – it usually needs formal recognition (§ 107 FamFG) before you count as divorced here. Conversely, the question arises whether a German divorce is recognised in the relevant US state. Both should be considered together, so your marital status is consistent on both sides of the Atlantic.
Assets Across the Atlantic
Where assets lie in the USA – accounts, real estate, stock options or a shareholding – they generally form part of the assets to be equalised under German law. The challenge lies in valuation, proof and enforcement across the border. Here we work with tax advisers and, where needed, US lawyers, so that nothing is overlooked and an equalisation is ultimately realisable.
What to Watch For
In German-American cases, four things often decide the outcome. First, the forum: which US state, and whether the USA or Germany at all – we check this early, because the differences are large. Second, timing: if proceedings are already pending in one country, the other route is usually blocked. Third, the agreements: an existing prenup should be checked for its effect in Germany before you rely on it. And fourth, currency and taxes: with assets in dollars, the exchange rate and the tax consequences of a division play a role that should not be underestimated. We keep these points in view and align them with one another – and, where it helps, we coordinate with US counsel so that nothing is lost between two very different systems.
Frequently Asked Questions
Should we divorce in Germany or the USA?
It depends on maintenance, assets and the relevant US state. We check which forum is more favourable for you.
Is our American prenup valid in Germany?
Not automatically. Whether and how it takes effect is a question for the individual case – we review form, content and applicable law.
Is my US divorce valid in Germany?
Usually only after formal recognition (§ 107 FamFG). We prepare the application.
What applies to maintenance?
It depends on the applicable law. US and German law differ considerably in amount and duration.
Can we work with our US lawyer?
Yes. We are glad to coordinate the approach with your lawyers in the USA.
What if my partner wants to take the children to the USA?
With joint custody, a unilateral move is generally not permitted; in the worst case the Hague Convention applies. Act quickly.
Do you advise in English?
Yes, throughout, in English and German.
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