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ARTICLE · 28 MAY 2024

Family Law Comparative Guide

Family Law Comparative Guide for the jurisdiction of Germany, check out our comparative guides section to compare across multiple countries

GermanyFamily and Matrimonial

1 Legislative framework

1.1 Which main sources of laws and regulations govern matrimonial and family law matters – including, but not limited to, divorce, judicial separation, children's matters and financial matters arising from the breakdown of marriage – in your jurisdiction?

Family law is mainly governed:

  • by the fourth book of the Civil Code; and
  • procedurally, by the Act on Proceedings in Family Matters of Non-contentious Jurisdiction.

1.2 Which bilateral or multinational instruments have application in this regard in your jurisdiction?

EU regulations: Germany is a party to the following EU regulations:

  • the Brussels IIb Regulation, which governs international jurisdiction within the European Union regarding divorce and parental authority;

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