Attorney Laura Winstroth is a family law attorney at Schlun & Elseven Rechtsanwälte PartG mbB. Her practice focuses on providing legal support to clients through all phases of family changes – from separation and divorce to custody and visitation rights, as well as disputes concerning alimony and property. She also advises on adoption law, matters with an international dimension, and the protection of clients in situations of domestic violence.
Family law
Divorce and separation
A separation immediately raises a multitude of legal questions that often need to be addressed simultaneously and under time pressure. Attorney Winstroth assists clients in tackling these issues in a structured manner – from regulating their separation and initiating divorce proceedings to reaching an agreement on all consequences of the divorce. She emphasizes a realistic assessment of the legal situation and clear communication about available courses of action and potential outcomes. Her range of services includes:
- Separation and post-marital maintenance
- Child support and the Düsseldorf Table
- Equalization of accrued gains and division of assets
- Pension equalization
- Regulations concerning the marital home and household effects
- Drafting and reviewing prenuptial agreements and divorce settlement agreements
Custody and visitation rights
When parents separate, it is often the issues surrounding their child that generate the greatest need for discussion and clarification. Attorney Winstroth assists parents in developing custody and visitation arrangements that are in the child's best interests and are also practically feasible. She advises on joint and sole custody, the right to determine the child's residence, and the creation of visitation plans – and enforces existing arrangements when one parent fails to meet their obligations. In contested proceedings before the family court, she represents her clients' interests resolutely and objectively.
Maintenance
Maintenance issues are among the most contentious areas of family law – and among those where incorrect calculations or missed deadlines can have long-term financial consequences. Attorney Winstroth advises both maintenance creditors and debtors: She calculates child support claims according to the Düsseldorf Table, assesses the obligor's ability to pay, and clarifies disclosure obligations. Regarding spousal maintenance, she analyzes the relevant income circumstances, assesses issues of time limits and forfeiture, and negotiates for a permanent settlement. She also reviews existing maintenance obligations for potential modifications, for example, in cases of changes in the parties' income or life circumstances.
Equalization of accrued gains and division of assets
The division of assets following a divorce requires a careful inventory and a sound legal assessment. Attorney Winstroth assists clients in determining and enforcing claims for equalization of accrued gains, clarifies disclosure and documentation obligations, and represents them in contested proceedings before the family court. A particular focus of her practice is proactive planning: A tailored prenuptial agreement allows for the early and legally secure regulation of financial matters – especially where business assets, real estate, or substantial inheritances are involved. Attorney Winstroth drafts and reviews such agreements and advises on the limits of contractual freedom.
Adoption law
Adoption law places high demands on all involved – both legally and personally. Attorney Winstroth advises prospective adoptive parents on the legal requirements for adoption, the differences between the adoption of minors and the adoption of adults, and the legal consequences of adoption for existing family relationships, maintenance claims, and inheritance rights. In international adoption proceedings, she advises on the requirements of the Hague Adoption Convention and assists with the recognition of foreign adoption decisions in Germany. Clients receive a clear assessment of their legal options before making far-reaching decisions.
Protection from violence
In situations of domestic violence, every hour counts. Attorney Winstroth acts swiftly and decisively in such cases: She obtains restraining orders under the Protection Against Violence Act (GewSchG), applies for the allocation of the shared residence to the affected client, and accompanies them through all further legal steps necessary for their safety. Domestic violence encompasses not only physical assaults – psychological abuse, threats, and stalking also fall under the scope of the Protection Against Violence Act and can be effectively prevented by law. Attorney Winstroth informs victims about their rights and enforces them with the necessary determination.
International Family Law
Family law matters with a cross-border dimension place particular demands on legal counsel. When spouses have different nationalities, have lived in different countries, or a divorce with an international element is pending, various legal systems collide – with implications for international jurisdiction, applicable law, and the recognition of decisions abroad. Attorney Winstroth advises clients on cross-border family law matters and helps them to understand the legal consequences of their situation at an early stage. Her expertise encompasses international jurisdiction in divorce proceedings, applicable matrimonial property law in binational marriages, the cross-border enforcement of maintenance claims, and custody and visitation rights issues with an international dimension – including cases of international child abduction under the Hague Convention.