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German Law/Questions

SubjectDate AskedExpert
separation with kids involved2/9/2012Carolin Schulz-Burgess
  Q: i am living in scotland and have just split with a partner who is a german national, she left with ...
  A: The mother was not allowed to take to children to Germany to live there permanently without your ...
kindergeld2/8/2012Henning Haarhaus
  Q: My husband and I are American. We are living in Germany from 8/2011-8/2014. He is working for ...
  A: Maybe it is because they are from member states of the EU? I really do not know. The legal remedy ...
Visa obtainment for spouse from Africa2/7/2012Andreas Moser
  Q: Sir Mr.Möser, I count myself as among the lucky ones to come across your helpful website. Firstly I ...
  A: it might prove tricky although it shouldn't. Because you are a German citizen, your wife is ...
Inheritance problems and delays2/6/2012Henning Haarhaus
  Q: I have a relative in the Frankfurt area who died four months ago. I was included in the will but ...
  A: Without a Testamentsvollstreckerzeugnis (certification on the execution) the executor cannot ...
Erbteil2/4/2012Carolin Schulz-Burgess
  Q: My husband (a German Citizen) and I reside in the USA. On January 22, 2008 my husband's father ...
  A: If the the sister of your husband is the executor of the estate your husband is entitled to receive ...
kindergeld2/3/2012Henning Haarhaus
  Q: My husband and I are American. We are living in Germany from 8/2011-8/2014. He is working for ...
  A: Parents are eligible for Kindergeld in regard to their children who have a residence or an habitual ...
Child Custody2/3/2012Carolin Schulz-Burgess
  Q: My wife and I have decided to get a divorce. I am in the US military and have moved to North ...
  A: As long as your child lives in the US the German court has no jurisdiction for custody etc. The US ...
Where to make a will1/30/2012Henning Haarhaus
  Q: My wife and I are both Canadian citizens (I have British citizenship as well) and we're longtime ...
  A: Well, since you both are Canadian citizens the domicile and the location of real estate property are ...
Marriage in Egypt to a non german1/30/2012Andreas Moser
  Q: I moved to Egypt in 2002 from Germany, I'm a German citizen. I'm engaged to an Egyptian and want to ...
  A: that's tricky, because the "Standesamt" at your last place of residence in Germany is the only place ...
Child support arears1/28/2012Andreas Moser
  Q: The German child support agency states that I owe past arrears in child support. I went to the ...
  A: you are about to be caught in the typical dilemma of two separate jurisdictions that have issued ...
Removing spouse from home & Alimony with a pre-nup1/28/2012Carolin Schulz-Burgess
  Q: Schulz-Burgess: I have a dear American friend married to a German citizen (as I am). She desperately ...
  A: The pre-nup is at least in certain parts invalid. The father has to pay child support. He might need ...
moving back to germany1/25/2012Andreas Moser
  Q: grew up in australia , went back to germany , got married to a german , came back to australia . ...
  A: well, if you are still a German citizen, you can move to Germany any time. No requirements ...
Pre nuptial agreement1/25/2012Henning Haarhaus
  Q: I am presenting my son a gift in terms of a piece of land of his choice. The title deed of this land ...
  A: The title of land including the house is written on your son name. The spouses compensation claim in ...
Pre nuptial agreement1/24/2012Henning Haarhaus
  Q: I am presenting my son a gift in terms of a piece of land of his choice. The title deed of this land ...
  A: I assume that both spouses either are German citizens or live in Germany at the time they marry. If ...
Citizenship1/24/2012Andreas Moser
  Q: My husband is American (we live in the United States). His great grandmother was German. We want to ...
  A: it is theoretically possible, but practically very unlikely. In order to claim German citizenship ...
Citizenship1/24/2012Carolin Schulz-Burgess
  Q: My husband is American (we live in the United States). His great grandmother was German. We want to ...
  A: I am sorry but if one of your husband's parents doesn't have a German citizenship you will not be ...
Divorce1/23/2012Carolin Schulz-Burgess
  Q: I have been in the US Military for 19 Years and my wife has been with me for 15 years after this ...
  A: If you both live in Germany right now you have to file for divorce in Germany. You might need to pay ...
Inheritance law1/19/2012Carolin Schulz-Burgess
  Q: My wife was receiving information from third parties as the Miterbe from places such as the ...
  A: According to 2204 BGB and 2042 BGB your wife has as the right as a Miterbe to ask her sister as the ...
inheritance law1/19/2012Henning Haarhaus
  Q: 1994/95 supposed interest free credit from father, no repayment date fixed, he has said that it was ...
  A: All I can say from here is that if you do not defend yourself and respond in time you will be ...
Divorce1/17/2012Carolin Schulz-Burgess
  Q: My wife and I were married in Germany not 4 months ago. We have no financial assets and she has a ...
  A: You have to contact a lawyer in the UK to find out more information. But as far as I know you can ...
child maintenance and visitation UK or Germany1/16/2012Andreas Moser
  Q: in a situation where a child is born of an English father and German mother, living together in ...
  A: as the child is by now habitually resident in Germany, German courts have exclusive jurisdiction ...
property/divorce1/16/2012Carolin Schulz-Burgess
  Q: I (U.S. citizen, contractor with U.S. Forces) wish to divorce my German spouse of 32 years who ...
  A: both parties can agree that the splitting of the the house asset takes place in installment payments ...
Dual-Citizenship1/11/2012Carolin Schulz-Burgess
  Q: Hallo Carolin Schulz-Burgess, I don't know to what extent your knowledge of immigration law is but ...
  A: According to German law you can obtain German citizenship because your mother is German. You would ...
Child Support Enforcement1/10/2012Henning Haarhaus
  Q: I work for the Court in Florida. Department of Revenue is attempting collection of child support ...
  A: The case law rendered by the Federal Supreme Court (Bundesgerichtshof - BGH) is the sole German ...
Child Support Enforcement1/6/2012Henning Haarhaus
  Q: I work for the Court in Florida. Department of Revenue is attempting collection of child support ...
  A: According to the case law rendered by the German Federal Supreme Court laches defenses can be ...
Marriage in Denmark1/6/2012Carolin Schulz-Burgess
  Q: I have married with a woman in denmark. I live in Duisburg and She lives in Kürten. My wife is ...
  A: You have to contact the Embassy of Denmark in Berlin to get the marriage registered. They will give ...
child support1/4/2012Carolin Schulz-Burgess
  Q: please contact me.thanks
  A: The father has to pay child support normally according to what he is obligated to pay after UK law. ...
Executor and will12/30/2011Henning Haarhaus
  Q: My step-grandmother died in Germany exactly seven weeks ago. Years ago she told me that I was ...
  A: If there is an executor then there is also a will. I would advise that you write a letter to the ...
Inheritance law12/29/2011Henning Haarhaus
  Q: Harrhaus. I know I have received some good information from you in the past, so I am therefore ...
  A: The Nachlassgericht has nothing to do with it. It is the duty of the Testamentsvollstrecker to ...
German inheritance law12/28/2011Henning Haarhaus
  Q: My Wife and I are Both U.S. Citizens (wife is German born but has only US citizenship) and we work ...
  A: If you adopted a child she would not be referred to as your step daughter but your legal daughter. ...
German inheritance law12/27/2011Henning Haarhaus
  Q: My Wife and I are Both U.S. Citizens (wife is German born but has only US citizenship) and we work ...
  A: Since your step daughter is not a relative by blood to you she is not entitled a forced share ...
Deceased aunt's niece12/21/2011Carolin Schulz-Burgess
  Q: I am an American attorney but am not sure if I am reading the German law correctly. My aunt died ...
  A: Yes you are right with the interpretation of 1925 BGB. You will receive 1/6 of the estate like the ...
German Inheritance law12/20/2011Andreas Moser
  Q: My wife and I are US Citizens and we live and own a house in Germany. I have a stepdaughter from a ...
  A: as you and your wife are US citizens, German courts would apply US law to your intestate succession ...
Inheritance Question12/20/2011Henning Haarhaus
  Q: My Aunt in Germany has always told me I would inherit whatever she might have in her estate when she ...
  A: Whereas you belong to the second class of heirs the aunt`s aunt and her offspring and all other ...
Child maintenance12/19/2011Andreas Moser
  Q: My ex husband living in Germany regularly paid 450 euros for the two children until a few years ago. ...
  A: if the ex-husband lives in Germany and has the bulk of his income from an employer in Germany, I ...
Wills - Succession and Authentication12/5/2011Henning Haarhaus
  Q: My 84 year old uncle in Germany passed away three days before my 82 year old aunt. From my uncles ...
  A: I understand that uncle and aunt did not name a final heir in their will of 1964. However, in ...
Wills - Succession and Authentication12/5/2011Henning Haarhaus
  Q: My 84 year old uncle in Germany passed away three days before my 82 year old aunt. From my uncles ...
  A: Since you said that your uncle has five siblings but your aunt only one I assume that uncle and aunt ...
U.S. vs German Divorce12/1/2011Carolin Schulz-Burgess
  Q: I am a U.S citizen with a 14 year-old child who has been residing in Germany with his German mother ...
  A: Germany has jurisdiction for child support. As far as I know there is no side that explains the ...
UK marriage to German national - divorce and custody11/28/2011Carolin Schulz-Burgess
  Q: I am British and my wife is German, we have one child (21 months old) who was born in the UK. We ...
  A: According to German law you are obligated to pay child support and possibly spousal support while ...
Death of an Inheritor Named in a German Berliner Will11/23/2011Henning Haarhaus
  Q: In the case that one of the named inheritors in a German Berliner will is deceased, what becomes of ...
  A: P.S. If you gave me more details on the issue maybe I could give you some more clues. It depends ...

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German Law

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Henning Haarhaus

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Expertise

I can answer questions in English, German and French. Practice in inheritance law, tax, labour and contract law for private clients. Services also rendered in the fields of business & commercial law; e.g. business organizations, contracts, debt collections, leasing law. Representing clients all over Germany. NO CONSULTANCY ON FAMILY AND IMMIGRATION LAW.

Experience

Working since 1999 in the forenamed fields. Henning Haarhaus` experience includes services in the legal department of Roedl & partner, the biggest tax consultancy firm of German origin. Appointed Bar Certified Tax Law Practioner in 2007.

Organizations
Bar Association of Berlin, KIWANIS

Publications
Book in German on capital investments and real estate purchases out of Germany; published by Haufe in 2008

Education/Credentials

- passed bar exam on expertise in the field of inheritance law in 2005
- passed bar exam on expertise in the field of tax law in 2004
- passed Final State Exam and admitted to the bar in 1998
- postgraduate judicial service traineeship in Berlin
- passed First State Exam (JD-equivalent) in 1994
- legal studies at the University of Passau (Bavaria) and at the Humboldt University in Berlin
- graduated as certified banker in 1989

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