Getting Through the Hardship of Divorce
Family law matters are an emotional process and every client handles this situation in their own way. Dr. Marko Oldenburger supports his clients by dealing with their concerns objectively and arriving at the best practicable legal solution for them.
What are the most prominent and common issues that arise in divorce cases?
Besides conventional divorce proceedings, which include a professional companionship in times of separation, we handle important cases of judicial separations and divorces of hardship.
Given the urgency and sensitivity of relocating or establishing custody of children, what are the primary obstacles in these cases?
There are two main spots in custody files: child’s well-being and their new habitual residence. Every separation is usually accompanied by complex emotions, which blinds the parents of any negative effects on the child’s well-being. To achieve acceptable results, it is necessary to objectify heated discussions and put the focus back onto the children. Often one parent feels terrible when her or his child takes a new habitual residence in future. In highly developed crises child abduction becomes a mostly dramatic subject matter. In all proceedings and disputes with multinational character, the clients appreciate my exceptional expertise. So, if a parent is intended to leave or enter Germany with under age children, I recommend strongly to consult an experienced International Family law firm.
In dealing with divorce cases how do you ensure the mental health of your clients is maintained with the utmost consideration and the subsequent action is not taken by the client irrationally?
I take time for my clients and I take my client’s sorrows and worries seriously. It is important to reduce the complexity of the individual reality to a judicial relevance in every case. That requires to clarify the current legal situation and develop – hand in hand with the client – a measurable procedure of solution. Another important factor to reach this high standard – and deeply contented clients – are our friendly employees. They always find a sympathetic ear for our clients when, for example, answering questions concerning the course of action.
You also work largely for doctors in divorce cases; what is often the biggest difficult in obtaining a fair settlement between the parties regarding their practices?
It’s regularly the practice value. Usually that isn’t a judicial, but a financial assessment problem. These assessments are expensive, and it is necessary to involve tax data and valuations; these are often hard to reach. For that reason, I try to place arbitral agreements. Especially in regard to the unpredictable costs and fees for lawsuits in the first and second instance unwillingness in the first turn often into willingness at last.
What further considerations must you make for doctors, to which sometimes your clients may often be unaware of?
There are often out of court and in court proceedings to fix the monthly amount of alimonies. Nearly all my clients, especially doctors, have to pay no so-called ratio maintenance but a concrete amount of alimony and post marital maintenance. This is a very specialised law sector in which we are experienced and qualified. Furthermore, there could be many (monetary) effects in inheritance law and, of course, in the company law (depending of the contract of association). Protection of the practice and the doctor’s association from any foreclosure could be an important and reachable aim when providing, as we do, high quality advice.
What would you say makes you the go-to solicitor in Germany for divorce law?
I focus exclusively on family law and represent my clients throughout Germany and, consulting, in the whole EU. With special expert assessments in international and European family law I have successfully managed hundreds of family lawsuits since 1998. Apportionments of assets and liabilities, legally binding arrangements or court decisions of child/ spouse support and child custody are some of my main focusses of work in the sub-area of separation and divorce. I am supported by experienced and highly qualified employees. We have good connections to specialised family law lawyers in other countries and hold a big network completed which personal coaches, psychologists, tax accountants and other not judicial professions – all that to enforce our client’s high goals.
Is there particular family legislation you would like to see changed in order to facilitate your work during child abduction cases?
To me there are some adjustable contrary regulations in the European jurisdiction. For example, Art. 3 EU-UntVO defines that there is a freely selectable jurisdiction when it’s up to child support or parental alimonies. E contrario Art. 8 EU-EheVO provides the jurisdiction in custody proceedings to the court where the child has his/her (new) habitual residence. But there is not any definition of what this habitual residence exactly is or should be. This leads often to legal disputes: which court has the right jurisdiction? Thus, there are often applications in different countries and different local courts (forum shopping). That causes not only high costs but legal uncertainties.
Dr. iur Marko Oldenburger, attorney and certificate family law and medical law attorney, is the owner of the law firm Artvocati | Rechtsanwaltskanzlei in Hanover, Germany. After studying law and social science he was admitted to the bar in 1998 and focuses since then on the entire area of family law. He was a long-term member of a research project at University of Hanover (International demands of family law reforms) and publishes, beneath a monography, regularly articles and essays in specialized law magazines. His, mostly prominent, clients include executive employees, doctors, personalities from industry, politics and professional sports. With focus on European and International Family Law Dr. Oldenburger is not only mandated in cases of international child abductions, but in delicate and challenging maintenance lawsuits and, of course, divorce proceedings.