Especially in the case of binational marriages, it is possible to prevent a conflict situation in the future by signing a prenuptial agreement. It often makes sense to jointly determine the law that applies to the marriage.
Yes, as soon as you have lived apart for a year and there has been no marital union. Then the marriage is presumed to be broken and you can get divorced even if the other person does not agree. The judge will ask you about your separation in detail. If you have been separated for more than 3 years, it is irrefutably presumed that the marriage is broken and you can definitely get a divorce.
Both spouses are entitled to file for divorce. This also applies to same-sex marriages or registered partnerships. Please note that the divorce petition must be filed through a lawyer.
The duration always depends on the circumstances. On average, divorce proceedings take about six to nine months if only the divorce is settled. The divorce combined with other divorce consequences such as alimony or gain can take longer.
The amount of alimony is always calculated individually and determined according to the so-called marital living conditions, i.e. according to what income was earned during the marriage and what obligations must be taken into account.
In principle, you are only obliged to use a lawyer in court maintenance proceedings. A lawyer is not necessarily required out of court. Calculating the maintenance and the question of whether the spouse is entitled to maintenance at all often causes difficulties and is specific to each individual case. You should therefore seek legal advice so that the amount is calculated correctly.
After the divorce petition has been filed, the court sends the questionnaires for the pension rights adjustment. These must be completed by both spouses so that information can be obtained from the relevant pension providers (e.g. pension insurance, company pension providers, etc.).
This is possible if either the family law of your country of origin provides for a pension settlement or if you have worked in Germany and paid into the pension insurance. Under certain conditions foreign pension rights can be included in the pension compensation.
In principle, no, because this is only carried out when the marriage has ended through divorce. In your case, the marriage ends prematurely due to death, which means that you continue to be considered a spouse and can claim the normal pension benefits such as widower’s/widow’s pension.
Child support, spousal support, separation support, post-marital maintenance, parental maintenance
Custody, rights of access, right of adoption, right of parentage and contestation of paternity
e.g. agreement on the separation of property, modified community of acquisitions, agreement on pension rights adjustment
Here it is particularly important to pay attention to corporate law and tax law.
In addition to European regulations and international agreements, each country has its own national family law. We also receive support for foreign legal systems from an international network of colleagues specialised in family law.
e.g. agreement on the separation of property, modified community of acquisitions, agreement on pension rights adjustment
Here it is particularly important to pay attention to corporate law and tax law.
In addition to European regulations and international agreements, each country has its own national family law. We also receive support for foreign legal systems from an international network of colleagues specialised in family law.
In these situations, it is crucial that you have a reliable and experienced lawyer on your side who is well versed in both national and international family law. We specialise in preventing disputes through thoughtful planning.
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