Family law is a part of civil law and essentially includes all legal norms that regulate the legal relationships between family members and towards third parties. Furthermore, guardianship, guardianship and care law are part of family law.
Family law is regulated primarily in Book 4 of the Civil Code (§§ 1297 – 1921 BGB). Further important provisions in family law can be found in the LPartG, the ZPO and the FamFG.
The concept of family is not defined in the law. In family law, all people who are related by marriage or civil partnership, relatives or brothers-in-law are considered to be a family. The institution of marriage and family is guaranteed and protected by Article 6 of the Basic Law.
One of the central and comprehensively regulated topics in family law is marriage law. Family law regulates the rights and obligations of spouses associated with marriage, as well as the annulment or divorce of a marriage and the respective legal consequences associated with this in family law, such as maintenance payments or compensation claims. There are also regulations regarding betrothals and non-marital cohabitation in family law.
Another major topic in family law is that it regulates the legal relationships between parents and children, such as the child’s parentage (motherhood and paternity), custody rights or maintenance obligations.