Areas of practice
International Family Law
We advise and represent clients in international family law, with connections to Germany and the USA, particularly in cross-border divorces, spousal and child support, and child custody matters, as well as the enforcement of family law claims across national borders.
Family Law in a Global Context
International family law faces challenges from different national legal systems, for example in cases of divorce, maintenance, or custody, as well as through clashing jurisdictions. In addition, there are issues of international jurisdiction, choice of law, and Recognition and Enforcement of Foreign Judgments, primarily between Germany and the United States. Particularly sensitive are the emotional stresses clients face, which are compounded by complex legal, cultural, and language barriers.
Overview of our services
Custody and Child Support Involving the United States
Urban Thier & Federer represent clients in custody and child support matters involving the United States, coordinate proceedings between Germany and the United States, and handle cross-border family law claims through.
- Determination of international jurisdiction and applicable law, particularly in cases involving parallel proceedings in Germany and the United States.
- Advice and representation in cross-border custody and access matters, including questions of the child's habitual residence.
- Enforcement and defense of maintenance claims, taking into account various calculation methods and enforcement rules.
- Coordination with US attorneys and courts to ensure consistent and strategic case management.
- Assistance with the recognition and enforcement of foreign judgments, such as German judgments in the U.S. or vice versa.
- Support for amicable resolutions to avoid lengthy and burdensome international disputes.
International Prenuptial Agreements
We draft and review international prenuptial agreements involving Germany and the United States, and coordinate Matrimonial property regime, Maintenance and Asset consequences cross-border and ensure legal validity in both legal systems.
- Advice on legal structuring and planning, particularly regarding matrimonial property regimes, division of assets, spousal support, and inheritance law in Germany and the United States.
- Analysis of the tax and property law implications of cross-border prenuptial agreements.
- Drafting and reviewing prenuptial agreements that are legally valid and enforceable in both jurisdictions to provide long-term legal certainty for both parties.
- Consultation with U.S. and German attorneys to ensure consistent contract drafting.
- Assistance with negotiations between spouses to reach fair and workable agreements.
- Ensuring compliance with formal requirements, e.g., notarization in Germany or notarization/judicial requirements in the USA.
Divorce with international implications
We assist clients in international divorce cases involving Germany and the United States, coordinate cross-border proceedings, and handle claims for child support, property division, and custody efficiently.
- Determination of international jurisdiction and applicable law, particularly in cases involving parallel proceedings in Germany and the United States.
- Advice on child support, division of assets, and matrimonial property regimes, taking into account varying national regulations.
- Representation in cross-border custody and visitation matters, including child welfare assessments and residency determinations.
- Coordination with US and German attorneys to ensure consistent strategies and procedural management.
- Enforcement and recognition of decisions in the other jurisdiction, such as the enforcement of maintenance or property judgments.
- Support for amicable solutions, e.g., mediation or settlement agreements, to avoid lengthy and burdensome disputes.
Request for support
Do you have questions about our services or need assistance? Contact us.
International Family Law
Example Scenarios
The case examples presented are solely for the illustration of typical family law issues in an international context. They are fictional, abstracted scenarios without reference to specific individuals or mandates.
International Divorce in Cases of Concurrent Jurisdiction
A binational couple has been living apart for several years, with one spouse having their habitual residence in Germany and the other in the United States. In principle, both legal systems could have jurisdiction over the divorce proceedings. The legal issue at hand is to clarify international jurisdiction, determine the applicable law, and establish a strategically sound course of action. The goal is to settle maintenance and property issues in a legally secure manner and to avoid conflicting decisions in different countries.
Custody and visitation issues after moving to the U.S.
After the parents’ separation, a minor child initially lives in Germany. One parent later moves to the United States for professional reasons and files a petition there for a court order regarding custody and the right to determine the child’s place of residence. The legal challenge lies in determining the child’s habitual residence, international jurisdiction, and the coordination of parallel family law issues. The goal is a solution that safeguards the child’s best interests and is legally valid under international law.
Drafting an international prenuptial agreement before relocating
An engaged couple, one with German citizenship and the other with US citizenship, is planning to relocate to the United States together. Both have their own assets and wish to clearly define the financial consequences of a potential separation. The task is to draft a prenuptial agreement that regulates the marital property regime, alimony, and asset matters, and is valid under both German and US law. Special attention is to be paid to formal requirements, choice of law, and long-term enforceability.
International Family Law
Frequently Asked Questions
When does a family law case involve U.S. jurisdiction?
A U.S. connection can already exist if a spouse or child lives in the USA, holds U.S. citizenship, or if assets are located there. Previous stays, ongoing proceedings, or court decisions in the USA can also establish an international connection and significantly influence the legal assessment.
Which court has jurisdiction in an international divorce?
Jurisdiction depends on several factors, particularly the spouses' habitual residence, nationality, and the date of application. In international constellations, it may occur that both German and U.S. courts have jurisdiction. Choosing the right court is strategically important and can have significant implications for maintenance, property division, and custody.
Does German or US law automatically apply in case of divorce?
No. The applicable law is not automatically determined by place of residence or nationality. International jurisdiction and conflict of laws rules are decisive, as is a valid choice of law, if applicable. Without early examination, there is a risk that unexpected law will be applied.
How are custody matters handled in cross-border cases?
In international custody cases, the child's best interests are paramount. At the same time, issues of habitual residence, international jurisdiction, and the recognition of foreign decisions must be clarified. Close coordination is particularly necessary between Germany and the USA to avoid conflicting decisions.
Can maintenance claims be enforced internationally?
Yes. Maintenance claims can also be asserted and enforced across borders. However, calculation methods, procedural steps, and enforcement mechanisms differ significantly between legal systems. Careful legal classification is crucial for realistic enforcement.
Are international family law proceedings always contentious?
No. Many mandates aim for structured solutions and amicable settlements. Especially in an international context, a consensual solution is often faster, more cost-effective, and less emotionally taxing than a protracted process in multiple countries. Disputes often arise when legal questions remain unresolved or proceedings are conducted in an uncoordinated manner.
Are prenuptial agreements between Germany and the USA even valid?
Yes, if they are carefully designed. Both the substantive provisions and the formal requirements of both legal systems must be taken into account. A lack of coordination can lead to the contract being void in whole or in part in one country.
Do you also support the recognition and enforcement of foreign judgments?
Yes. We assist clients in the recognition and enforcement of foreign family law decisions, such as German maintenance orders in the USA or vice versa. We examine the legal requirements and coordinate the process with local authorities and colleagues.
Who is your advice on international family law suitable for?
Our consulting services are aimed at individuals and families with connections to Germany and the United States who are seeking legal clarity and structured support. Typical clients include binational married couples, parents facing cross-border custody issues, and individuals dealing with international alimony or asset matters.
International Family Law
Articles & News
Cross-border Prenuptial Agreements: Are US Agreements Valid in Germany?
Inheriting Property in Germany as a US Citizen: What You Need to Know Image Source: A prenuptial agreement is a contract entered into before marriage that sets out how finances, assets, and support payments will be handled in the event of divorce or death. Although prenuptial agreements are often associated with wealthy individuals, more and more couples from all walks of life are using them, […]
May 22, 2025
My child was abducted from my home country without my permission – what now?
February 2, 2024
Hague Convention: Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act
February 2, 2024
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