top of page

Search this site

2 results found with an empty search

  • Name-Meshing & Choice of Law: The End of the Standardised Name?

    A recent decision by the Frankenthal Local Court (Amtsgericht) dated 09.12.2025 – (Ref. 2a III 18/25) marks a turning point in international name law. For couples with international ties, the combination of a strategic choice of law and the 2025 Name Law Reform has opened up new creative possibilities: so-called "Name-Meshing". The Case: Individuality vs. the German Registry Office A couple married in New York. The husband is a US citizen, and the wife holds dual German-American citizenship. Both reside in the USA. Their wish: a joint married name formed by merging syllables of their respective birth names – the practice of "Name-Meshing," which is well-established in the US. However, the competent German Registry Office (Standesamt) refused to recognise this name. The allegation: a violation of the German "Ordre Public" (public policy). It was argued that German law only recognises a closed catalogue of naming options (Typenzwang) – specifically "either-or" solutions or the classic double-barrelled name with a hyphen. The Decision: A Victory for Private International Law (PIL) The Family Court rejected this refusal and ordered the Registry Office to accept the name. The reasoning is of fundamental importance for strategic legal consultancy: Freedom of Choice under Art. 10 EGBGB:  Spouses are not defenceless against German substantive law. Since one partner is a US citizen and both have their habitual residence in the USA, Art. 10 Para. 2 EGBGB allows for the choice of US name law. No Violation of Public Policy (Ordre Public):  A foreign legal norm may only be ignored if its application leads to a result that is manifestly incompatible with the essential principles of German law. The Role of the 2025 Name Law Reform:  The court clarified that the liberalisation of German name law on 01.05.2025 (permitting true double names) softened the strict "Typenzwang". If the chosen name – as with meshing – sufficiently expresses family affiliation through a logical combination of parts of the original surnames and is not a purely "fantasy" name, it is acceptable within the German legal framework. Strategic Practical Implications This case demonstrates that name law is not an unchangeable fate but a flexible asset. Particularly for expats, binational couples, or clients residing abroad , Private International Law (PIL) offers ways to reflect a couple’s identity in their name as it exists in their personal reality. Relying solely on German substantive law (§ 1355 BGB) often leads to "limping" name changes – names recognised in one country but not the other. A timely declaration of choice of law  prevents such discrepancies and secures the desired name for the German passport. Conclusion This decision proves the increasing cosmopolitanism of the German judiciary regarding modern family structures. However, those wishing to be "on the safe side" should not leave their name determination to chance or to the standard advice of a local registry office. A name is a vital part of one’s identity – it deserves an equally precise legal construction.

  • Reform of Maintenance Law in Germany – Current Status, Objectives, and Implementation

    German maintenance law, a fundamental element of family law, regulates financial obligations within the family unit. This includes, in particular, child maintenance, care-related maintenance, and, where applicable, spousal or parental support. Many of these provisions were established at a time when traditional family models prevailed, in which one parent cared for the children while the other provided financial support. Today, however, many families follow alternating caregiving arrangements or share parenting and work responsibilities more equally. This often leads to conflicts with existing law, which has thus far failed to adequately reflect these modern family realities. Guiding Principle of Current Maintenance Law Existing maintenance law is still largely based on the assumption that one parent (usually the mother) primarily cares for the children, while the other parent (usually the father) pays maintenance (“one cares – one pays”). This model no longer reflects the reality of many families, in which: both parents share caregiving duties equally at times; patchwork or alternating care arrangements are common; non-marital partnerships exist; and employment by both parents is now frequently the norm. The aim of the reform is therefore to modernise the legal framework so that it better reflects actual caregiving and family circumstances, strengthens the principle of the child’s best interests, and ensures fairer maintenance calculations. Key Points of the Proposed Reform Although a comprehensive reform—a new statute—has not yet been enacted as of late 2025, a draft law (for discussion purposes) has been published, indicating the direction of development: Recognition of Modern Care Models (“Asymmetrical Alternating Model”) A central focus of the reform concerns maintenance calculations in cases of shared caregiving: Currently, nearly equal caregiving by both parents often leads to complicated calculations, as the law does not adequately address these scenarios. The reform proposes introducing new definitions for various caregiving models in the German Civil Code (BGB), particularly for an asymmetrical alternating model, where one parent provides more than 29% but less than 50% of caregiving. Sections §§ 1615f–1615h BGB-E are to regulate how maintenance is calculated in proportion to actual caregiving contributions. Impact:  A parent who spends a substantial amount of time on caregiving will be formally recognised and may therefore be required to pay lower cash maintenance—provided the child’s best interests are safeguarded. Right to a Notarised Maintenance Agreement The draft law proposes that parents can enter into binding agreements on future child maintenance under alternating care arrangements, provided they organise the care themselves. These agreements would be legally binding—similar to separation or post-marital maintenance—if notarised and formally executed. Adjustments to Separation and Care-Related Maintenance Flexible rules are also planned for separation maintenance and care-related maintenance for separated parents, including expanded rights to waive claims or enter agreements, as well as clearer statutory definitions. Changes Effective from 1 January 2026 – Practical Implications for Maintenance While the comprehensive reform is not yet law, several changes effective from 1 January 2026 will immediately affect maintenance calculations: New Düsseldorf Table 2026 The Düsseldorf Table—the primary reference for calculating child maintenance—will be updated on 1 January 2026: Maintenance rates for children will increase slightly across all age groups (e.g., minimum maintenance for children aged 0–5 rises from €482 to €486). Adjustments will also apply to maintenance for adult children. Although the table is not legally binding, it is regularly updated and plays a significant role in practice. Adjustment of Child Benefit and Child Tax Allowance In parallel with maintenance adjustments, child benefit will also increase as of 1 January 2026, affecting the amounts considered in maintenance calculations (e.g., reduction in the maintenance obligation due to offsetting child benefit). Parental and Grandparent Maintenance The 2026 Düsseldorf Table also introduces new rules for parental and grandparent maintenance: The portion of income exceeding the personal allowance that is considered for parental or grandparent maintenance will be recalculated.

bottom of page