PRACTICE AREA
International family law: your lawyer in Cologne
As soon as a separation, a maintenance claim or a prenuptial agreement touches more than one state, the question of the court and the applicable law is added to the question itself. My name is Dr Hanna Schmidt, I am an attorney at law and run DR. SCHMIDT LEGAL at Jakordenstrasse 8 in Cologne. I handle cases with a foreign element throughout Germany, and for clients who do not live in Germany themselves, in German and in English.
TOPICS
The topics in international family law:
where I advise you in detail
Jurisdiction and applicable law are two different questions
In matrimonial matters, international jurisdiction in the bound EU states follows the Brussels IIb Regulation (Regulation 2019/1111). Which divorce law a court with jurisdiction will apply does not yet follow from that. That is set out in the Rome III Regulation (Regulation 1259/2010), and that regulation allows spouses, within limits, to choose the applicable law themselves. Neither regulation, however, applies in every EU state.
Several states frequently have jurisdiction at the same time, and the application that reaches a court first settles the matter. With the court, the applicable law is then often settled too, and with it the level of maintenance and the division of assets. It is regularly the first decision of the engagement, and it cannot be taken back later.
International family law: divorce, maintenance and children across borders
International divorce
If you and your spouse live in different states, married abroad or hold different nationalities, I first examine which courts come into question under Brussels IIb, and there is usually more than one. Then comes the question of which law each court would apply, and what that means for maintenance, matrimonial property and the pension rights adjustment.
Only then is it clear where an application makes sense. I tell you in advance what the differences between the possible fora are and which of them can be measured in money. Where a divorce has already been granted abroad, I examine whether it can be recognised in Germany, because inheritance rights, tax class and any new marriage depend on it.
Maintenance with a foreign element
Within the EU, maintenance matters with a foreign element are governed by the EU Maintenance Regulation (Regulation 4/2009). It governs jurisdiction as well as the recognition and enforcement of maintenance decisions in other member states. An enforceable order against a debtor who has left Germany is therefore not worthless, but a question of implementation.
Income earned abroad has to be disclosed and documented, and the self-employed produce no payslip. I request the information, work through what is needed and have the result recorded so that it remains enforceable across borders. With child maintenance there is the added point that the cost of living in the child's state of residence can play a part.
Parental custody, relocation and wrongful removal
If one parent wants to move abroad with the child, that is not a decision they can take alone where parental custody is shared. If the other does not agree, the family court decides, and the standard is the child's best interests.
Where a child is taken across a border without consent, or not returned after a holiday stay, the Hague Child Abduction Convention applies. It does not decide who will make decisions about the child in future. It only decides in which state that will be decided. The matter is urgent, and anyone who waits here loses ground.
Binational prenuptial agreements and choice of law
A prenuptial agreement with a foreign element does more than settle the matrimonial property regime: it can contain choices of law and so anticipate what would otherwise only be clarified in a dispute. For the applicable divorce law, a choice under Rome III is possible in the participating member states. Separate connecting rules apply to the matrimonial property regime, and they can differ from those for divorce.
In Germany a prenuptial agreement is only valid if it is notarially recorded with both parties present at the same time (section 1410 German Civil Code). Whether the document also holds up in the other state is a second question, for which I involve a colleague there.
A typical situation
01
A couple with different nationalities separates
One of them has moved back to their home country with the child, and assets lie in two countries. Three sets of proceedings with different rules then run alongside each other: divorce, parental responsibility, maintenance. Anyone who only has the divorce in view gives away the decisive turns in the other two.
How we work together
01
Initial consultation
In Cologne, by video or by phone, in German or in English. I ask about the countries involved. By the end of that appointment you will know whether a German family court has jurisdiction at all.
02
Country picture and connecting factors
Together we assemble what is where and who lives where: places of residence over recent years, nationalities, the marriage certificate, land register or company register extracts, accounts and securities portfolios, existing prenuptial agreements and powers of attorney.
03
Examination and strategy
I assign the case to the relevant regulations, examine the possible fora and identify the differences. Where foreign law has to be assessed, I bring in a colleague in the state concerned.
04
Implementation
An application, an agreement or a certificate, depending on the case. Agreements only hold up if they exist in the form that every state involved recognises. I take on representation throughout Germany at all levels of fact-finding.
Did you know?
01
Whoever files first settles the matter
Where several states have jurisdiction, it is regularly the application that reaches a court first that settles the matter, and with the court the applicable law is often settled too. That is why examining jurisdiction belongs before the application, not after it.
02
A prenuptial agreement needs both parties at the notary at the same time
Notarial recording with both parties present at the same time is a condition of validity (section 1410 German Civil Code). The same form applies to a choice of law contained in the agreement.
03
A German court can apply foreign divorce law
In the participating member states it is not the place of the court that decides the law under Rome III. Within limits, spouses can also choose the applicable law themselves, preferably in writing and long before any separation.
Your contact
Dr Hanna Schmidt, attorney at law for international family law. Twelve years with large national and international commercial law firms, own practice since January 2026. Advice and representation in German and in English, fluent in both languages, orally and in writing. I handle your case myself; it is not passed on to a lawyer you do not know.
Appointments Monday to Thursday until 7 pm, Fridays until 5 pm, and later by arrangement: 7 pm German time is early afternoon on the US East Coast. More on background and working method on Dr Hanna Schmidt's profile.
YOUR QUESTIONS
Frequently asked questions
In the bound EU member states, international jurisdiction in matrimonial matters follows the Brussels IIb Regulation (Regulation 2019/1111). Several states frequently have jurisdiction at the same time. The application that reaches a court first then settles the matter. That is why, before any application, I examine which forum is more favourable for you. Outside the EU, treaties and the relevant national law apply.
Within limits, yes. In the participating member states the Rome III Regulation (Regulation 1259/2010) allows spouses to choose the law applicable to the divorce, and that choice takes effect regardless of which court later decides. It does not replace the examination of jurisdiction. Where it is contained in a prenuptial agreement, that agreement requires notarial recording with both parties present at the same time (section 1410 German Civil Code).
Decisions from the bound EU member states are in principle recognised under the Brussels IIb Regulation without any special procedure. For decisions from third states, a formal recognition procedure before the competent state justice administration is regularly required in Germany before you count as divorced here. I review the judgment, the certificate of finality and the translation, tell you which route is needed and conduct the procedure.
Yes. Where you live is secondary, as long as the matter concerns German law or proceedings in Germany. The initial consultation takes place by video or by phone, in German or in English. Appointments are available Monday to Thursday until 7 pm and Fridays until 5 pm. I can represent you before family courts throughout Germany and at appeal level.
I bill by time, at an hourly rate of 280 euros plus 19 per cent VAT, but at least according to the statutory fees under the German Lawyers' Fees Act (RVG). Costs for translations, certifications, courts and foreign advisers are additional. Billing through legal expenses insurance is possible. As a rule the insurer only pays the statutory fees; you bear the difference to the hourly fee.
Have your cross-border case assessed
Where two states are involved, the first step often decides which law applies in the end. Tell me which countries are in play and what you have. I will tell you which question has to be answered first and which documents I need.
PRACTICE AREA
International family law: your lawyer in Cologne
As soon as a separation, a maintenance claim or a prenuptial agreement touches more than one state, the question of the court and the applicable law is added to the question itself. My name is Dr Hanna Schmidt, I am an attorney at law and run DR. SCHMIDT LEGAL at Jakordenstrasse 8 in Cologne. I handle cases with a foreign element throughout Germany, and for clients who do not live in Germany themselves, in German and in English.
TOPICS
The topics in international family law:
where I advise you in detail
Jurisdiction and applicable law are two different questions
In matrimonial matters, international jurisdiction in the bound EU states follows the Brussels IIb Regulation (Regulation 2019/1111). Which divorce law a court with jurisdiction will apply does not yet follow from that. That is set out in the Rome III Regulation (Regulation 1259/2010), and that regulation allows spouses, within limits, to choose the applicable law themselves. Neither regulation, however, applies in every EU state.
Several states frequently have jurisdiction at the same time, and the application that reaches a court first settles the matter. With the court, the applicable law is then often settled too, and with it the level of maintenance and the division of assets. It is regularly the first decision of the engagement, and it cannot be taken back later.
International family law: divorce, maintenance and children across borders
International divorce
If you and your spouse live in different states, married abroad or hold different nationalities, I first examine which courts come into question under Brussels IIb, and there is usually more than one. Then comes the question of which law each court would apply, and what that means for maintenance, matrimonial property and the pension rights adjustment.
Only then is it clear where an application makes sense. I tell you in advance what the differences between the possible fora are and which of them can be measured in money. Where a divorce has already been granted abroad, I examine whether it can be recognised in Germany, because inheritance rights, tax class and any new marriage depend on it.
Maintenance with a foreign element
Within the EU, maintenance matters with a foreign element are governed by the EU Maintenance Regulation (Regulation 4/2009). It governs jurisdiction as well as the recognition and enforcement of maintenance decisions in other member states. An enforceable order against a debtor who has left Germany is therefore not worthless, but a question of implementation.
Income earned abroad has to be disclosed and documented, and the self-employed produce no payslip. I request the information, work through what is needed and have the result recorded so that it remains enforceable across borders. With child maintenance there is the added point that the cost of living in the child's state of residence can play a part.
Parental custody, relocation and wrongful removal
If one parent wants to move abroad with the child, that is not a decision they can take alone where parental custody is shared. If the other does not agree, the family court decides, and the standard is the child's best interests.
Where a child is taken across a border without consent, or not returned after a holiday stay, the Hague Child Abduction Convention applies. It does not decide who will make decisions about the child in future. It only decides in which state that will be decided. The matter is urgent, and anyone who waits here loses ground.
Binational prenuptial agreements and choice of law
A prenuptial agreement with a foreign element does more than settle the matrimonial property regime: it can contain choices of law and so anticipate what would otherwise only be clarified in a dispute. For the applicable divorce law, a choice under Rome III is possible in the participating member states. Separate connecting rules apply to the matrimonial property regime, and they can differ from those for divorce.
In Germany a prenuptial agreement is only valid if it is notarially recorded with both parties present at the same time (section 1410 German Civil Code). Whether the document also holds up in the other state is a second question, for which I involve a colleague there.
A typical situation
01
A couple with different nationalities separates
One of them has moved back to their home country with the child, and assets lie in two countries. Three sets of proceedings with different rules then run alongside each other: divorce, parental responsibility, maintenance. Anyone who only has the divorce in view gives away the decisive turns in the other two.
How we work together
01
Initial consultation
In Cologne, by video or by phone, in German or in English. I ask about the countries involved. By the end of that appointment you will know whether a German family court has jurisdiction at all.
02
Country picture and connecting factors
Together we assemble what is where and who lives where: places of residence over recent years, nationalities, the marriage certificate, land register or company register extracts, accounts and securities portfolios, existing prenuptial agreements and powers of attorney.
03
Examination and strategy
I assign the case to the relevant regulations, examine the possible fora and identify the differences. Where foreign law has to be assessed, I bring in a colleague in the state concerned.
04
Implementation
An application, an agreement or a certificate, depending on the case. Agreements only hold up if they exist in the form that every state involved recognises. I take on representation throughout Germany at all levels of fact-finding.
Did you know?
01
Whoever files first settles the matter
Where several states have jurisdiction, it is regularly the application that reaches a court first that settles the matter, and with the court the applicable law is often settled too. That is why examining jurisdiction belongs before the application, not after it.
02
A prenuptial agreement needs both parties at the notary at the same time
Notarial recording with both parties present at the same time is a condition of validity (section 1410 German Civil Code). The same form applies to a choice of law contained in the agreement.
03
A German court can apply foreign divorce law
In the participating member states it is not the place of the court that decides the law under Rome III. Within limits, spouses can also choose the applicable law themselves, preferably in writing and long before any separation.
Your contact
Dr Hanna Schmidt, attorney at law for international family law. Twelve years with large national and international commercial law firms, own practice since January 2026. Advice and representation in German and in English, fluent in both languages, orally and in writing. I handle your case myself; it is not passed on to a lawyer you do not know.
Appointments Monday to Thursday until 7 pm, Fridays until 5 pm, and later by arrangement: 7 pm German time is early afternoon on the US East Coast. More on background and working method on Dr Hanna Schmidt's profile.
YOUR QUESTIONS
Frequently asked questions
In the bound EU member states, international jurisdiction in matrimonial matters follows the Brussels IIb Regulation (Regulation 2019/1111). Several states frequently have jurisdiction at the same time. The application that reaches a court first then settles the matter. That is why, before any application, I examine which forum is more favourable for you. Outside the EU, treaties and the relevant national law apply.
Within limits, yes. In the participating member states the Rome III Regulation (Regulation 1259/2010) allows spouses to choose the law applicable to the divorce, and that choice takes effect regardless of which court later decides. It does not replace the examination of jurisdiction. Where it is contained in a prenuptial agreement, that agreement requires notarial recording with both parties present at the same time (section 1410 German Civil Code).
Decisions from the bound EU member states are in principle recognised under the Brussels IIb Regulation without any special procedure. For decisions from third states, a formal recognition procedure before the competent state justice administration is regularly required in Germany before you count as divorced here. I review the judgment, the certificate of finality and the translation, tell you which route is needed and conduct the procedure.
Yes. Where you live is secondary, as long as the matter concerns German law or proceedings in Germany. The initial consultation takes place by video or by phone, in German or in English. Appointments are available Monday to Thursday until 7 pm and Fridays until 5 pm. I can represent you before family courts throughout Germany and at appeal level.
I bill by time, at an hourly rate of 280 euros plus 19 per cent VAT, but at least according to the statutory fees under the German Lawyers' Fees Act (RVG). Costs for translations, certifications, courts and foreign advisers are additional. Billing through legal expenses insurance is possible. As a rule the insurer only pays the statutory fees; you bear the difference to the hourly fee.
Have your cross-border case assessed
Where two states are involved, the first step often decides which law applies in the end. Tell me which countries are in play and what you have. I will tell you which question has to be answered first and which documents I need.
PRACTICE AREA
International family law: your lawyer in Cologne
As soon as a separation, a maintenance claim or a prenuptial agreement touches more than one state, the question of the court and the applicable law is added to the question itself. My name is Dr Hanna Schmidt, I am an attorney at law and run DR. SCHMIDT LEGAL at Jakordenstrasse 8 in Cologne. I handle cases with a foreign element throughout Germany, and for clients who do not live in Germany themselves, in German and in English.
TOPICS
The topics in international family law:
where I advise you in detail
Jurisdiction and applicable law are two different questions
In matrimonial matters, international jurisdiction in the bound EU states follows the Brussels IIb Regulation (Regulation 2019/1111). Which divorce law a court with jurisdiction will apply does not yet follow from that. That is set out in the Rome III Regulation (Regulation 1259/2010), and that regulation allows spouses, within limits, to choose the applicable law themselves. Neither regulation, however, applies in every EU state.
Several states frequently have jurisdiction at the same time, and the application that reaches a court first settles the matter. With the court, the applicable law is then often settled too, and with it the level of maintenance and the division of assets. It is regularly the first decision of the engagement, and it cannot be taken back later.
International family law: divorce, maintenance and children across borders
International divorce
If you and your spouse live in different states, married abroad or hold different nationalities, I first examine which courts come into question under Brussels IIb, and there is usually more than one. Then comes the question of which law each court would apply, and what that means for maintenance, matrimonial property and the pension rights adjustment.
Only then is it clear where an application makes sense. I tell you in advance what the differences between the possible fora are and which of them can be measured in money. Where a divorce has already been granted abroad, I examine whether it can be recognised in Germany, because inheritance rights, tax class and any new marriage depend on it.
Maintenance with a foreign element
Within the EU, maintenance matters with a foreign element are governed by the EU Maintenance Regulation (Regulation 4/2009). It governs jurisdiction as well as the recognition and enforcement of maintenance decisions in other member states. An enforceable order against a debtor who has left Germany is therefore not worthless, but a question of implementation.
Income earned abroad has to be disclosed and documented, and the self-employed produce no payslip. I request the information, work through what is needed and have the result recorded so that it remains enforceable across borders. With child maintenance there is the added point that the cost of living in the child's state of residence can play a part.
Parental custody, relocation and wrongful removal
If one parent wants to move abroad with the child, that is not a decision they can take alone where parental custody is shared. If the other does not agree, the family court decides, and the standard is the child's best interests.
Where a child is taken across a border without consent, or not returned after a holiday stay, the Hague Child Abduction Convention applies. It does not decide who will make decisions about the child in future. It only decides in which state that will be decided. The matter is urgent, and anyone who waits here loses ground.
Binational prenuptial agreements and choice of law
A prenuptial agreement with a foreign element does more than settle the matrimonial property regime: it can contain choices of law and so anticipate what would otherwise only be clarified in a dispute. For the applicable divorce law, a choice under Rome III is possible in the participating member states. Separate connecting rules apply to the matrimonial property regime, and they can differ from those for divorce.
In Germany a prenuptial agreement is only valid if it is notarially recorded with both parties present at the same time (section 1410 German Civil Code). Whether the document also holds up in the other state is a second question, for which I involve a colleague there.
A typical situation
01
A couple with different nationalities separates
One of them has moved back to their home country with the child, and assets lie in two countries. Three sets of proceedings with different rules then run alongside each other: divorce, parental responsibility, maintenance. Anyone who only has the divorce in view gives away the decisive turns in the other two.
How we work together
01
Initial consultation
In Cologne, by video or by phone, in German or in English. I ask about the countries involved. By the end of that appointment you will know whether a German family court has jurisdiction at all.
02
Country picture and connecting factors
Together we assemble what is where and who lives where: places of residence over recent years, nationalities, the marriage certificate, land register or company register extracts, accounts and securities portfolios, existing prenuptial agreements and powers of attorney.
03
Examination and strategy
I assign the case to the relevant regulations, examine the possible fora and identify the differences. Where foreign law has to be assessed, I bring in a colleague in the state concerned.
04
Implementation
An application, an agreement or a certificate, depending on the case. Agreements only hold up if they exist in the form that every state involved recognises. I take on representation throughout Germany at all levels of fact-finding.
Did you know?
01
Whoever files first settles the matter
Where several states have jurisdiction, it is regularly the application that reaches a court first that settles the matter, and with the court the applicable law is often settled too. That is why examining jurisdiction belongs before the application, not after it.
02
A prenuptial agreement needs both parties at the notary at the same time
Notarial recording with both parties present at the same time is a condition of validity (section 1410 German Civil Code). The same form applies to a choice of law contained in the agreement.
03
A German court can apply foreign divorce law
In the participating member states it is not the place of the court that decides the law under Rome III. Within limits, spouses can also choose the applicable law themselves, preferably in writing and long before any separation.
Your contact
Dr Hanna Schmidt, attorney at law for international family law. Twelve years with large national and international commercial law firms, own practice since January 2026. Advice and representation in German and in English, fluent in both languages, orally and in writing. I handle your case myself; it is not passed on to a lawyer you do not know.
Appointments Monday to Thursday until 7 pm, Fridays until 5 pm, and later by arrangement: 7 pm German time is early afternoon on the US East Coast. More on background and working method on Dr Hanna Schmidt's profile.
YOUR QUESTIONS
Frequently asked questions
In the bound EU member states, international jurisdiction in matrimonial matters follows the Brussels IIb Regulation (Regulation 2019/1111). Several states frequently have jurisdiction at the same time. The application that reaches a court first then settles the matter. That is why, before any application, I examine which forum is more favourable for you. Outside the EU, treaties and the relevant national law apply.
Within limits, yes. In the participating member states the Rome III Regulation (Regulation 1259/2010) allows spouses to choose the law applicable to the divorce, and that choice takes effect regardless of which court later decides. It does not replace the examination of jurisdiction. Where it is contained in a prenuptial agreement, that agreement requires notarial recording with both parties present at the same time (section 1410 German Civil Code).
Decisions from the bound EU member states are in principle recognised under the Brussels IIb Regulation without any special procedure. For decisions from third states, a formal recognition procedure before the competent state justice administration is regularly required in Germany before you count as divorced here. I review the judgment, the certificate of finality and the translation, tell you which route is needed and conduct the procedure.
Yes. Where you live is secondary, as long as the matter concerns German law or proceedings in Germany. The initial consultation takes place by video or by phone, in German or in English. Appointments are available Monday to Thursday until 7 pm and Fridays until 5 pm. I can represent you before family courts throughout Germany and at appeal level.
I bill by time, at an hourly rate of 280 euros plus 19 per cent VAT, but at least according to the statutory fees under the German Lawyers' Fees Act (RVG). Costs for translations, certifications, courts and foreign advisers are additional. Billing through legal expenses insurance is possible. As a rule the insurer only pays the statutory fees; you bear the difference to the hourly fee.
Have your cross-border case assessed
Where two states are involved, the first step often decides which law applies in the end. Tell me which countries are in play and what you have. I will tell you which question has to be answered first and which documents I need.