Reforming family law: Justice Minister Buschmann and Ampel think in "historical categories"

Created: 01/08/2022, 9:28 PM

Marco Buschmann (FDP), Federal Minister of Justice (archive picture) © Michael Kappeler / dpa

The traffic light government wants to create new, legally secure agreements for certain forms of community soon.

Berlin - According to Justice Minister Marco Buschmann, the federal government will probably resolve the family law reform it has announced by the middle of the electoral term. The plans agreed in the coalition agreement are intended to give unmarried couples, homosexual spouses with children and communities that are not based on a love relationship new legal opportunities. "What we agreed in the coalition agreement is probably the largest reform of family law in recent decades," said the FDP politician to the German press agency.

The realities of life for people in Germany have changed significantly in recent years.

In family law, however, this has so far hardly been reflected, because many of the previous governments over the past 16 years “simply struggled with the socio-political realities”.

Perhaps the most noticeable change in the field has been the opening of marriage to homosexual couples.

Shortly before the end of her third term in 2017, the then Chancellor Angela Merkel (CDU) approved the vote on same-sex marriage.

She herself voted against, but thanks also to a number of votes from the ranks of the Union, marriage became law for everyone in Germany.

Buschmann plans reform: "We actually think and work here in historical categories"

The reform now planned by the SPD, Greens and FDP will bring fundamental changes, stressed Buschmann: “We actually think and work here in historical categories.” Overall, he is convinced “that we are building on very extensive social approval for our reform be able".

The planned “community of responsibility” is an important building block.

This new legal structure will offer a lot of flexibility in terms of individual design.

"We will probably offer a multi-level model in the community of responsibility that fits different life situations and enables different levels of responsibility for one another," announced the minister.

For example, it is about legally safeguarding residential communities for senior citizens - for example, on the question of who receives information when a roommate comes to the hospital or who is the tenant of the apartment when a member of the community dies.

Single parents who received permanent childcare support from people outside their own family could also use such legally secure agreements.

After all, it is becoming more and more common for people outside of the family to get together.

Also because many people have become more mobile, parents and their adult children often live very far away from each other.

“Community of responsibility”: Traffic light wants to avoid unnecessary bureaucracy

However, this cannot be compared with a marriage in which one takes comprehensive responsibility for another person and shares table and bed, said the Federal Minister of Justice, who is married himself.

The community of responsibility is a model for people who “don't share the bed, but the table - but with an actual and personal closeness that goes beyond a pure business relationship”.

It is important that the law clearly delimits the community of responsibility from society under civil law and from the community of needs of social law.

In order to avoid unnecessary bureaucracy, he considers the entry in a register at the registry office to be the best way, said Buschmann.

A solution before the notary would also be conceivable.

The planned reform also provides for more support for unintentionally childless couples.

There should be new opportunities for unmarried couples to make agreements about parenthood.

Buschmann: "The best interests of the child must always be in the foreground"

Two women who are married to one another are to be legally treated in the same way with regard to children in future as if a man and a woman are married to one another.

This also means that the child born to one of the two women should have the wife as the second parent from the start.

So far, the mother's partner can only become the legal parent of the child through a stepchild adoption.

In principle, the following applies to the entire reform project: "The best interests of the child must always be in the foreground," said Buschmann.

"In addition, you have to clarify what should actually happen legally if such a partnership breaks up or new partnerships are then formed."