Family matter (law)

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Family matters are a sub-category of civil matters and under German law are subject to the provisions of the law on the procedure in family matters and in matters of voluntary jurisdiction (FamFG) .

species

The law distinguishes between family and family disputes.

Family matters

According to § 111 FamFG, family matters are finally the following:

  1. Matrimonial matters : divorce , annulment or annulment of a marriage ;
  2. Child affairs ;
  3. Parentage matters : contestation of paternity , determination of paternity and clarification of parentage ;
  4. Adoption matters ;
  5. Marital home and household matters;
  6. Violence protection matters ;
  7. Pension adjustment matters ;
  8. Maintenance matters ;
  9. Property law matters ;
  10. other family matters ;
  11. Civil partnership matters : annulment, maintenance, apartment, household effects.

Family disputes

Family disputes are a subset of family matters. According to § 112 FamFG, family disputes are the following family matters:

  1. Maintenance matters in accordance with Section 231 (1) and civil partnership matters in accordance with Section 269 (1) nos. 8 and 9,
  2. Property law matters according to Section 261 Paragraph 1 and civil partnership matters according to Section 269 Paragraph 1 No. 10 and
  3. other family matters according to Section 266 (1) and civil partnership matters according to Section 269 (2).

Jurisdiction

The district court has exclusive jurisdiction for family matters at first instance ( Section 23a (1) GVG). For this purpose, departments for family matters ( family court ) are formed there, which are staffed with family judges ( Section 23b GVG).

Procedure

The procedure in family matters is regulated in the FamFG together with matters of voluntary jurisdiction. However, family matters and family disputes are not matters of voluntary jurisdiction .

For matrimonial matters and family disputes, the FamFG refers to numerous provisions of the ZPO ( Section 113 FamFG). However, even the application of the Code of Civil Procedure, it remains with the terms of the FamFG: instead of proceeding or litigation the designation process , instead of action, the designation request , instead of plaintiff's name applicants , instead Defendant the designation defendant and instead Party the designation party (§ 113 para. 5 FamFG).

Individual evidence

  1. ↑ How the FamFG regulates family disputes, family and marriage matters, Deubner-Verlag , accessed on November 23, 2018
  2. ↑ Beate Heiß: Summary of the most important changes by the FamFG: ZPO procedure / FG procedure Nomos Verlag , accessed on November 23, 2018
  3. ↑ Dieter Büte: Enforcement in family disputes, especially in maintenance matters January 26, 2010