Family law Augsburg
Family Law in Augsburg – Your solicitor for divorce, maintenance and custody
Whether it’s a divorce, a dispute over maintenance or a conflict over custody – family law deals with the most important relationships in your life. As a law firm based in Augsburg, we guide you through the entire process at the Augsburg Family Court: from uncontested divorce and the calculation of maintenance to the arrangement of custody and access rights. Around 90% of all divorces in Germany are by mutual consent – together we will find the best possible solution.
Divorce in Augsburg – amicable or contested
Every divorce requires a one-year separation period (Section 1566 of the German Civil Code). If both spouses agree, the divorce can be finalised quickly through joint proceedings – maintenance, marital gains and custody are settled jointly. If the divorce is contested, these issues are dealt with separately, which prolongs the proceedings. At the Family Court in Augsburg, a divorce by mutual consent typically takes four to six months, whilst a contested divorce takes one to three years.
Maintenance – child maintenance, maintenance during separation and post-marital maintenance
Maintenance is one of the key issues in family law. The 2025 Düsseldorf Maintenance Table forms the basis for child maintenance; spousal maintenance during separation ensures that the standard of living is maintained, and post-marital maintenance applies after divorce under certain conditions. In Augsburg, we calculate your entitlement to or obligation to pay maintenance accurately and ensure that the outcome is enforced.
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Family Law Check
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Custody and access rights – putting the child’s best interests first
In cases of separation and divorce, joint custody (§ 1626 BGB) is the norm. Only if the child’s welfare is at risk will the Augsburg Family Court grant sole custody to one parent. We are committed to finding workable arrangements that prioritise your child’s welfare.
Right to determine the child’s residence and shared custody arrangements
The right to determine the child’s place of residence determines where the child’s centre of life is. Since 2024, Section 1679(3) of the German Civil Code (BGB) has provided a legal basis for the alternating care arrangement – the equal sharing of care between both parents. A prerequisite is that both parents are able to cooperate. The court may order the alternating care arrangement if it is in the child’s best interests. We can advise you on which arrangement is suitable for your family.
Visitation rights and supervised visits
Every child has the right to maintain contact with both parents (Section 1684 of the German Civil Code). Standard arrangements typically provide for every other weekend, one afternoon a week and equal sharing of school holidays. In the event of disputes or justified safety concerns, the court may order supervised contact. A complete exclusion of contact is only possible where there is a specific risk to the child’s welfare and remains an absolute exception.
Equalisation of accrued gains, prenuptial agreements and protection against domestic violence
In addition to divorce, maintenance and custody, we offer advice in Augsburg on a range of other family law matters – from the equalisation of accrued gains and prenuptial agreements to protection against domestic violence. Each of these matters has its own deadlines and requirements, which we will keep track of on your behalf.
Equalisation of accrued gains – dividing assets fairly
Under the statutory matrimonial property regime of community of accrued gains, the accrued gains are equalised upon divorce: the spouse who has accumulated the greater increase in assets during the marriage pays half of the difference to the other spouse. The key dates for the initial and final assets are decisive. Both spouses are obliged to provide full disclosure of their assets (Section 1379 of the German Civil Code). We calculate your equalisation of accrued gains and enforce your right to information.
Protection against violence – protection orders and housing allocation
The Protection Against Violence Act (GewSchG) protects victims of domestic violence. The Augsburg Family Court can issue contact bans, restraining orders and housing allocation orders – even in summary proceedings within a single day. Breaches of these protection orders are a criminal offence. We help you obtain protection quickly and effectively, and support you throughout the entire process.
Frequently Asked Questions
Further information
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This information does not constitute legal advice in individual cases.
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