Germany is a common destination for UK and international families. Career opportunities, stability, and infrastructure make it an attractive place to relocate. This is particularly relevant for British expat families living in Germany, where relocation can quickly affect access to the English courts.
From a family law perspective, living in Germany can alter the legal framework that applies to children, maintenance, and financial arrangements more quickly than families expect.
This is an area where early clarity matters.
Why Germany requires particular care for expat families
Germany operates a structured family law system. It differs fundamentally from the discretionary approach applied by courts in England and Wales.
For expat families, the key issue is not whether German law is better or worse. The issue is that it produces different outcomes, often with less flexibility once jurisdiction is established.
Understanding that difference before problems arise can preserve choice.
Habitual residence and children in Germany
German courts place significant weight on habitual residence when determining jurisdiction over children.
Once children settle in Germany, attend school, and establish daily life, German courts may acquire authority over:
• child arrangements
• parental responsibility
• child maintenance
This shift can occur even where parents expected the move to be temporary.
Once jurisdiction moves, the ability to issue proceedings in England and Wales may fall away.
Child maintenance and the Düsseldorfer Tabelle
Germany applies a structured child maintenance system based on the Düsseldorfer Tabelle.
Maintenance is assessed primarily by reference to the paying parent’s income and the child’s age. Judicial discretion is limited.
For expat families familiar with the English system, this can come as a surprise. English courts assess needs holistically. German law applies a formula-driven framework.
German child maintenance obligations can also apply cross-border. A parent living outside Germany may still face enforcement action.
Why Frank Arndt’s perspective matters in German-UK cases
Frank Arndt is dual qualified as a solicitor in England and Wales and as a Rechtsanwalt in Germany. He is also a trained mediator and a qualified judge in Germany.
This dual perspective matters.
Families often receive advice from lawyers who understand only one system. That can lead to false assumptions about how the other country would treat the same facts.
Frank advises families by comparing outcomes side by side. He explains how English courts approach discretion and fairness, and how German law applies structure and formula.
That comparative insight allows families to assess risk realistically, rather than relying on guesswork.
The trailing spouse in German relocations
In many relocations to Germany, one spouse moves for work while the other supports the move.
That trailing spouse may pause or give up employment, pension contributions, and career progression. They often assume responsibility for children and integration into German life.
English courts treat those sacrifices as relevant when assessing financial outcomes, provided England and Wales has jurisdiction.
German law takes a different approach. Once German jurisdiction applies, outcomes may depend more heavily on statutory structure than discretionary assessment.
Timing therefore matters.
Can expat families still use the English courts?
Sometimes, but not always.
Jurisdiction depends on factors such as habitual residence and domicile at the time proceedings are issued. Once those links weaken, access to the English courts may no longer exist.
In cross-border cases, the first court seized often retains control. Delay can remove options entirely.
When should expat families living in Germany seek advice?
In practice, families seek advice:
• before relocating to Germany
• shortly after arrival
• before separation discussions begin
• where one spouse has stepped back from work
• where children or assets cross borders
Early advice allows informed decisions rather than reactive ones.
Planning before difficulty arises
Legal planning is not an indication that a relationship is failing. It is a recognition that international life changes legal frameworks.
Handled early, advice can preserve flexibility, manage expectations, and reduce future conflict.
Paradigm Family Law advises expat families living in Germany on international family law issues involving England and Wales. Frank Arndt’s dual qualification allows clients to understand both systems clearly and realistically.
For a broader overview of why international moves change legal outcomes, see:
Moving Abroad as an Expat Family: Why Legal Planning Matters Before You Go
Need help?
Paradigm Family Law has a team of experienced and highly recommended family lawyers who advise expats and internationally mobile families on the legal issues that arise when life crosses borders. We help clients understand jurisdiction, timing, and risk clearly, so they can make informed decisions before it’s too late.
If you would like to discuss an international relocation, expat separation, or cross-border family law issue, please do not hesitate to contact Frank or Evelyn. Paradigm Family Law offers a free initial consultation, and our fixed-fee solutions provide clarity and cost control from the outset.
You can call us on 01904 217225 or email us at info@paradigmfamilylaw.co.uk.
Recommended reading
International Relocation & Children – essential questions
International Family Law ServicesÂ
Pre-nuptial and post-nuptial agreements for expat families
International Child Maintenance – Germany
