Determination of Jurisdictional Competence
Under the EU's Brussels IIb Regulation, jurisdiction in matrimonial matters is generally determined by the habitual residence of the spouses. This may lead to a situation where a German court has jurisdiction over a divorce even if both partners hold foreign citizenship—or vice versa.
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DR. SCHMIDT LEGAL provides expert assistance in clarifying these jurisdictional issues. Early legal classification is essential to avoid procedural disadvantages and to set the course for an orderly process.
Which Law Applies?
The question of which court decides does not automatically determine which country's laws will govern the divorce. The Rome III Regulation allows spouses, under certain conditions, to choose the applicable law themselves. Without such a choice of law, a German court may be required to conduct a divorce proceedings based on foreign substantive law.
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As part of the advisory process, I examine which legal system offers the most appropriate solution for your specific situation. The goal is to establish legal clarity and to avoid unpredictable outcomes that may arise from the application of foreign legal norms.
Coordination of Foreign Assets and Ancillary Matters
Particular challenges arise when real estate or pension entitlements located abroad are part of the equalisation of accrued gains (Zugewinnausgleich) or the equalisation of pension rights (Versorgungsausgleich). Enforcing German judgements abroad or accounting for foreign assets requires structured preparation.
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In these matters, DR. SCHMIDT LEGAL acts as your central point of contact. I assist in preparing the necessary documentation and, where required, coordinate collaboration with specialised correspondent lawyers abroad to ensure that local particularities—such as the transfer of property titles following a divorce—are handled with legal certainty.
Important Note on International Consultancy
DR. SCHMIDT LEGAL provides legal advice exclusively on German family law and the relevant European Regulations (Brussels IIb, Rome III). Binding legal advice regarding the substantive family law of other states is not provided.
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Should the application of foreign substantive law or proceedings before a foreign court be necessary, I will coordinate the collaboration with qualified colleagues in the respective target country.