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28. Sept. 2023 · The German legal process for divorce involves submitting a divorce petition, court proceedings, and finalizing with a divorce decree. Financial implications can include division of assets, alimony, and potentially complicated cross-border issues for international couples.
Duration of the separation year. The necessary period of separation depends on whether both spouses or only one spouse want a divorce: A judge will consider a marriage to have failed after one year of separation if both spouses file for divorce, or if one spouse files for divorce and the other agrees.
Update 15.09.2023. What do I need to know? If you are contemplating divorce, there are many laws and regulations you need to consider. A divorce entails a complicated legal process in Germany- which means there are crucial points to consider and various issues to work out before the official divorce.
- A.) Spousal Support During The Marriage
- B.) Spousal Support During The Year of Separation
- C.) Spousal Support After The Divorce
- D.) Compensation For The Increase in Communal Property
According to s 1360, 1360 a, b of the German Civil Code (Bürgerliches Gesetzbuch) spouses in Germany are legally obliged to support each other while the marriage persists. This means, that both of the spouses are obliged, each in relation to their own means and their own ability to work outside or inside the home, to contribute to the needs of the ...
In Germany a married couple can generally only file for divorce if the couple were separated for at least one year before (“Year of separation”, “Trennungsjahr”) the couple files for divorce. During this “cooling off period” spouses are legally obliged to pay each other spousal support, again in relation to their own means and their own ability to ...
After the divorce spouses may be obliged to pay post-marital spousal support to the other spouse. Since this obligation is different from the obligation to pay spousal support during the year of separation, a new claim has to be made by the spouse in need. However, after the divorce generally the principle of personal responsibility applies. In the...
If no notarised marriage contract has been set up by the spouses, each party is entitled after the divorce to be compensated for half of the capital value of the assets acquired by the spouses during the marriage. This procedure is called “Zugewinnausgleichsverfahren” The “Zugewinn” (gain) is the positive difference (gain) between the value of the ...
17. Aug. 2023 · August 17, 2023. 0. 124. Divorce, a challenging and often emotionally charged process, becomes even more intricate when experienced in a foreign country like Germany. As an expat seeking separation from your partner, you’re confronted not only with the intricacies of personal and legal matters but also with the unfamiliarity of a new legal system.
15. Mai 2024 · The legal grounds for divorce in Germany. In German civil law, German courts have jurisdiction over divorce cases if the couple are EU nationals and have their permanent residence in Germany. The only grounds for divorce recognized by German law is the breakdown of the marriage. Breakdown of the marriage
12. Sept. 2023 · Who can get divorced in Germany/by German law? You can get divorced when you are living in Germany. Neither your citizenship, your nationality or the place of your marriage change that fact....
