Technical terms from A-Z

Acceptance (Anerkennung):
of foreign divorces by the Higher Regional Court (Oberlandesgericht, OLG)

Annulment (Aufhebung):
If the marriage is not effective, it can be annulled, instead of dissolved. As a consequence, the spouses were not legally married. The most important case here is the marriage of convenience.

Visiting right (Besuchsrecht):
How often may the parent that is not given custody of the children visit them, make a holiday with them, or call them by phone? > Right of contact and of access.

Brussels IIa:
Regulation of the European Union on the responsibilities within the EU and applicable law.

“Düsseldorfer Tabelle” (German spousal and child support scheme):
Relevant for child support, variance may result from contracts or court decision.

Prenuptial agreement or prenupt/ prenup (Ehevertrag):
(usually) notarial agreement for the marriage executed prior to marriage; or for the case of divorce (as in Germany, it is also possible to arrange the details of a divorce through the use of a notarial agreement).

Specialist solicitor (“Fachanwalt”):
Title is awarded for special knowledge and experience after examination.

Ancillary matters (Folgesache):
Should be decided on simultaneously with the divorce. The most important ancillary matters include child custody, child and spousal maintenance, household and personal effects, marital home, property acquired after marriage, pension rights adjustment.

Agreement on fees (Gebührenvereinbarung):
Contract with lawyer on costs that vary from what is stipulated by law > lawyer's compensation.

Protection from violence (Gewaltschutz):
The person using domestic violence will have to leave the marital home. These provisions also stipulate injunctive relief and its execution.

Court-appointed expert (Gutachter):
> authorised expert (Sachveständiger).

Child abduction (Kindesentführung):
The lawsuit mostly follows the Hague Convention on the Civil Aspects of International Child Abduction.

Costs:
Court and lawyer's fees always accrue, but: >legal aid ("Prozesskostenhilfe") is possible. Sometimes, also expert and notary costs are incurred.

Online divorce ...
... does not exist! The German Code of Civil Procedure (§ 613 ZPO) stipulates that both parties must attend to the divorce hearing. Any contrary advertising by various lawyers is misleading! > lawyer

Ordre public:
verification of whether a foreign law fundamentally contradicts the principles of German law; e.g. automatic assignment of the right of custody to the father in Iran.

Legal aid (Prozesskostenhilfe):
In case of "poverty" and prospect of success, the government pays the costs of the lawsuit – completely or as a loan to be repaid with instalments.

Lawyer's fees (Rechtsanwaltsvergütung):
Are based on German law regarding lawyer's fees (Rechtsanwaltsvergütungsgesetz, RVG); other agreements are possible, however, fees may not fall below the provisions of the RVG.

Choice of law (Rechtswahl):
In Germany, the parties may select the applicable law within tight limits.

Religious divorce (religiöse Scheidung):
Imam and rabbinate divorces are not legally accepted in Germany.

Legal expert (Sachverständige/r):
Supports the court in making decisions. Most important cases of employment: proceedings on child custody and goods acquired > expert.

Divorce statute (Scheidungsstatut):
Applicable law for the divorce, not to be confused the > international responsibility.

Post-marital alimony (Scheidungsunterhalt):
Maintenance to be paid after divorce >spousal support.

Fictitious marriage (Scheinehe):
A matrimonial community is not intended or not possible, e.g. for legal reasons resulting from the aliens law.

Right of custody (Sorgerecht):
Right and obligation to make decisions for the child; without court decision, both married parents are entitled to the right of custody; in case of unmarried parents, the father is entitled, if a > "custody statement" has been made.

Custody statement (Sorgeerklärung):
Common statement of the unmarried (to each other) parents that they jointly exercise the right of child custody; if this statement is not made, the mother is entitled to the right of custody.

Separation (Trennung):
In Germany, not based on court decision, but actual separation of the couple; opposite regulation e.g. in Italy.

Spousal maintenance (Trennungsunterhalt):
Alimony paid in the period between separation and divorce, unlike > post-marital alimony.

Right of contact and of access (Umgangsrecht):
> Visiting right (Besuchsrecht).

Combined divorce and ancillary proceedings (Verbund):
The German law stipulates a combined court decision on the divorce and ancillary matters. It often delays the divorce.

Pension rights adjustment (Versorgungsausgleich):
Division of the pensions claims acquired during the marriage.

Accrued gain (Zugewinn):
Division of the marital assets; can be excluded in good time by a contract > prenuptial agreement.

Jurisdiction (Zuständigkeit):
Local jurisdiction: the court where the proceedings are to be conducted. Competent jurisdiction: almost always the family court. International jurisdiction: which country is responsible, Germany or another one?