BINATIONAL MARRIAGES

Do you have legal questions concerning your binational marriage? A certified family law attorney at Jürgens Rechtsanwaltsgesellschaft will advise you on matters such as:

	Marital Contracts
	Divorce – Dissolution of marriage
	Children

Marital Contracts
A binational marriage may give rise to legal questions even before it is concluded because of the differing views on matrimony held in various countries. A marital contract allows you to exclude some of a binational marriage’s uncertainties at the onset. The contract can specify the national law that will define the effects of your marriage. You are thus able to stipulate which judicial system will apply in your binational marriage. Jürgens Rechtsanwaltsgesellschaft draws on its international experience and international network of family law experts in advising you how to establish your rights in a binational marriage from the beginning. You can be assured that you will always receive up-to-date information on the current practice of family law in your “partner” country.

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Divorce – Dissolution of Marriage
The dissolution of a binational marriage is a real challenge—emotionally and legally. Family law differs from country to country, as do, therefore, the grounds accepted for a divorce. Which country’s family law will be applied during a binational divorce is generally not a foregone conclusion. The dissolution of a marriage that took place in Germany between a US citizen and a German citizen will not necessarily be carried out according to German family law. The choice of venue and national family law in a binational divorce proceeding can depend on various criteria, such as the spouses’ nationalities or their habitual places of residence.

A second divorce principle also applies to binational marriages: if you are considering divorce in a binational marriage, it is to your advantage to be proactive. This is not to say that you must initiate divorce proceedings immediately. Sometimes it can be to your advantage in regard to the setting of the divorce venue if the partner initiates proceedings. In other cases we might advise a change of residence prior to filing for divorce for strategic reasons. As your legal counsel, we will undertake to have divorce proceeding take place under the legal system that is in your best interest. We optimize our approach in cooperation with our international network of attorneys specializing in their countries’ practice of family law.

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Children
The dissolution of a binational marriage naturally also raises the question of the children’s whereabouts: Who will have custody? Where will the children live? How much support will they receive? What will happen if the former spouse takes the children abroad? Such an act would be considered child abduction under international law. You will find more on our services to you and your children in such a case under “Parents / Adoption.” (-> continue).

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