Are Germans getting divorced? How often do people get married and divorced in Germany? Lawyer case

1. How often do people get married in Germany

The dimensions are determined by the so-called "Dusseldorf table". Formally, it has only a recommendatory character, but in Germany it is almost always guided by it. For example, a former spouse with income after taxes, for example, 2 thousand euros per month, must pay 427 euros per month for a seven-year-old child, and the one who earns 5 thousand euros - 618 euros. Moreover, both spouses have the right to a living wage, and child support has not yet ruined anyone.

7. Alimony to the ex-spouse and division of property

In Germany, it is not often the case that both spouses work full time. As a rule, women, especially if they are involved in raising children, do not work at all or only a few hours a day. After the divorce, when their husband no longer supports them, they find themselves in a difficult situation.

More precisely, they would have turned out if it were not for the law, which obliges the former spouse (or the spouse, if she was the “breadwinner”) to provide the other - at least for some time - with the same standard of living that was before the family broke up. Moreover, the longer the spouses have lived together, the longer (sometimes 5-10 years) they will have to pay alimony to the former "second half" after the divorce. But, of course, only until the ex-wife (usually here we are talking about her) does not find a job with an appropriate salary or marry again: then the new husband must support her.

As for the division of property, either the divorces agree amicably, or this issue has to be resolved in court. If, at the same time, one of the divorced does not have money for a lawyer, he is paid either by the state, or, paradoxically, by a richer spouse.

The rules for the divorce of marriages registered on the territory of the Russian Federation, at least in general terms, are clear to most citizens. However, other states have completely different legislative acts, and, therefore, the rules for divorce can be very different. Germany is one of the countries where many Russians live and enter into family relations. What is the divorce procedure in Germany, and what rights do former spouses have?

How to start a divorce proceedings in Germany?

When the need arises for a divorce in Germany, few know where to start. The first thing to do is find a good lawyer. This is the order established in the country, which does not even allow starting the procedure without the presence of its own human rights defender. This has advantages, which include:

• guaranteed assistance and protection of interests;
• no need for personal presence and participation in the case;
• no need to collect and prepare documents.

After the lawyer begins to conduct the case, he draws up and submits an application for divorce to the court, taking into account the specifics of the case. From that moment on, the spouses have no choice but to wait for the allotted time, which is provided in order to verify the impossibility of reunification.

Further actions of the parties and their representatives will depend on the option of divorce:

• by agreement of the spouses. This is the simplest procedure, and the dissolution of marriage is the fastest;
• controversial divorce. This option is possible if there is a dispute about property or children. It is the most expensive and can last for years;
• without the consent of one of the spouses. Such a process will also not be quick and will not take place earlier than 3 years after the start.

Thus, the main thing to do at the very beginning of the path to divorce is to find a worthy lawyer. A lot depends on this, since only a real specialist can provide qualified assistance.

Time and cost

Divorce in German costs a lot and takes a long time. That is why most of the concluded marriages still persist and the number of divorces is negligible. However, if, nevertheless, such a need arose, then the divorce will have to be at least 1 year. This is the shortest period for a divorce proceedings.

The minimum period for reflection is given to spouses, equal to 8 months. If the case is standard and not burdened with significant claims and conflicts, then you will have to wait a year. If one of the spouses is against the dissolution of the marriage, then the period will drag on for up to 3 years.

The waiting period starts from the moment the divorce is filed. It is realistic to accelerate it only in exceptional cases. In addition, if during the period of reflection the spouses tried to make peace and lived together for some time, as well as if there are reasons to think that reconciliation is possible, the judge has the right to stop the countdown and start over.

The cost of the entire procedure is determined in Germany after the divorce. It consists of two parts:

• the attorney's fee, which is a large share;
• payment to the court, which is usually slightly less.

The minimum cost will be around 1,000 euros. However, the calculation depends on the level of the lawyer and the amount of the spouses' earnings.

Rules and procedure for divorce in court

The judicial procedure is provided for in any case of divorce in Germany. That is why, unlike the Russian Federation, it will not work to file a divorce without going to court.

According to the rules, this procedure is valid if both spouses are citizens of this country. However, if at least one of them has a residence permit, but is not a German citizen, then the divorce can be carried out according to the rules of another country.

A divorce from a German in Germany can be implemented according to the Family Code of the Russian Federation, if the spouse is in civil Russia or became her after marriage.
If it is decided to divorce in Germany or the parties are obliged to do so by virtue of legal conditions, then you should hire a lawyer and file a lawsuit. This happens regardless of the desire of both spouses or the existence of a dispute.

Only a lawyer has the right to submit a statement of claim, who will independently collect all the papers and state the will of the parties.

The next step will be to live separately from each other. In the best case, this period will last a year, or maybe more. Moreover, separate living does not imply the obligatory stay in different apartments. However, if the spouses live in the same apartment during the divorce process, it will be necessary to prove that reconciliation is still impossible and the couple, indeed, lives separately.

If the term has passed, then the spouses will be divorced. However, if there are disputes about the division of property or children, the period of the divorce proceedings will last a very long time. That is why the majority of Germans bypass the solution of issues of this kind in court.

Alimony and questions about children

As a result of a divorce, the former spouses will have to decide with whom the joint child will live. The main factor that is taken into account by the court in the process of a certain meter of residence of the child is his attachment to the parent. It is this special attitude that plays a decisive role, and not the financial and material situation.

It is advisable to resolve the issue of the future place of residence of children peacefully and by agreement of the parties. It will be cheaper and faster. In addition, by decision of the court, a schedule of communication with the parent with whom the child does not live can be established. These are sometimes rather harsh conditions, up to the permission to communicate with children exclusively in the presence of employees of the special service. If the parties cannot independently determine the order of communication, the court will do it for them. Such cases are rare in Germany, since everyone understands that peacefully it is possible to come to conditions acceptable to both sides. The court will make such a decision, which may not suit at least one of the parties.

Alimony must be paid by the parent who does not live with the minor. Even if a child with a second parent moves to another country, the German citizen undertakes to pay child support. To calculate them, a special table is used, and the basis for determining the final payment amount is the payer's income level. At the same time, the income and welfare of the recipient are not taken into account at all.

Thus, divorce in Germany is a complex and lengthy process. It can take many years depending on the complexity of the situation. A lawyer provides assistance in registering a divorce, without whom it is impossible to file a claim in court. The cost and duration of a divorce depends on the specifics of the case and the presence of controversial issues. Many of them the parties prefer to resolve not in court, but in a peaceful way, since judicial consideration of a case with the presence of conflicts takes a very long time and is expensive.

A marriage with a representative of a foreign state always seems to be something more exciting and important, since marriage is associated with the difference in cultural traditions between you and your chosen one, and with a large number of legal formalities, moreover, one of the spouses moves after the other half to another country with its unfamiliar customs and cultural characteristics. It is extremely important to master them, to join a new society for oneself.

But sometimes it happens that in a distant country between spouses, disagreements and misunderstandings become possible. In critical cases, this can even lead to divorce. What is worth knowing when deciding on a divorce proceedings in another country? For example, if you are about to get a divorce from a German in Germany, what is the mentality of this country, what are the pros and cons of divorce, and how can it be done most painlessly?

The Soviet Union at one time imposed a tough veto on inter-ethnic marriages in the form of an “iron curtain”. Therefore, in those days, such a marriage union seemed to be something out of the ordinary. It was more than difficult for citizens of the USSR to travel abroad. In perestroika times, on the contrary, enlightened and provided with capitalist power abroad attracted minds and hearts, and marriage with a foreigner became an excellent reason to leave your native country in the name of prosperity and simply the opportunity to enjoy the freedom inherent in European states.

This is how they looked in the eyes of many citizens of the former Soviet Union. And for many women in the post-Soviet space, such an opportunity suddenly turned into an end in itself.

But in no case should we forget that a person does not marry with citizenship, a green card or a residence permit, but primarily with a person. And this man has his own worldview, mentality, views on life, family and marriage.

Everyone knows that the views of foreigners on marriage, family, children are somewhat different from what we are used to seeing in our country. Representatives of European states are more practical and rational in their approach to creating a family. But at the same time, Western princes and knights value their freedom much more, tying the knot later than Russian men. An Englishman or a German will show more pragmatism than a Slav in matters related to a woman or a family.

But at the same time, only Russian men, in the name of their women, are capable of noble follies and feats. Of course, the first to catch the eye are precisely those qualities that a girl may lack in men of her nationality. European gallantry and courtesy are the traits about which our enthusiastic women make up legends. But family relations involve contact with all aspects of the character of the chosen one, both pleasant and not very.

In any marriage, harmonious relations between spouses become possible only when there has been - and continues - a dialogue between a woman and a man, attempts to understand the goals, motives and feelings of each other. And marriage with a foreigner adds additional difficulties to this dialogue - a natural barrier in the form of different upbringing, mentality and culture.

The attitude to divorce among Western European men is also somewhat different from that of Russians. This is due to a different attitude towards both religion and the institution of marriage. Therefore, a European sometimes needs more time and reasons. But no matter who - husband or wife - the decision to divorce belongs to, in Germany it is accompanied by certain legal formalities, through which each of the spouses will have to go through without fail.

The divorce rate in Germany today is 2 times less than in Russia. For this, in the opinion of the Germans themselves, there are main reasons in the form of late marriage - a respectable German approaches the decision to create a family reasonably and carefully - and. The long legal process of divorce takes from one to three years.

The most important thing for a successful divorce process with a German in Germany is a good lawyer. He will represent the court, and only he has the right to file a petition for divorce in the Family Court. You can look for a lawyer on the Internet, use the recommendations of friends or through the district office of Standesamt (analogue of the Russian MFC in Germany). After a lawyer for the divorce proceedings is found, he will help to draw up an application to the Family Court.

There is no need to indicate the reasons for the divorce in the application. Only the fact is taken into account whether the decision to dissolve the marriage bond is mutual or unilateral.

After submitting an application to the court, the spouses enter Trennungsjahr - the "separation period". This phenomenon represents a period from 8 months to 3 years (if one of the spouses is against divorce), during which the husband and wife maintain a separate household and a separate budget, or even live separately from each other. It is believed that this period is given to spouses in order to understand whether they really want a divorce and whether there is a chance of reconciliation.

A lawyer may try to speed up this period, but its specific duration is still determined by a court decision. If a husband or wife complains in court about attempts at reconciliation, as a result of which the period of separate housekeeping was interrupted, the judge will ban the divorce proceedings - and everything will have to start all over again. The exception is situations when cohabitation can be a threat to the life or health of family members.

If, after a divorce from one of the spouses, children remain, German law provides for alimony obligations for the second of the spouses. Most often it is the father. When divorcing, the German Family Court prefers, first of all, to take into account the interests of the mother and children, whose opinion representatives of the law begin to be interested in from the age of 4. Most often, underage children stay with their mother, except for those situations when the desire to stay with the father is very clearly expressed by the children themselves.

Most couples decide on their own when divorcing the issue of children. In the event of disputable issues, the court participates in the decision, for a certain amount, which is typical. If conflicts in the family are acute and seem critical to the guardianship authorities, children may be temporarily removed from the family - at least until the end of the divorce proceedings. And he, as mentioned above, can last up to 3 years.

So, when the divorce took place and the issue of children's accommodation was successfully resolved, the court determines the nature and amount of financial payments for the maintenance of children. Alimony for children does not end, as in Russia, when they come of age. Parents are obliged to continue paying them until the child is educated. In addition, payments increase in direct proportion to the age of the children - the older the child, the more financial support he needs, according to German law.

The parent with whom the children are left is also entitled to some financial assistance from the ex-spouse, for example, if the child left with him is under three years old.

The court also takes into account difficult life situations, so if you are a mother, then at least during the "separation period", despite the separate housekeeping, you can well count on financial assistance. Of course, appointed by court order. After a divorce, if there is no compelling reason, the obligation to support the ex-spouse, as a rule, is abolished.

The amount of alimony for children is formed taking into account the spouse's living standard. The Russian law regarding alimony does not provide for such things, but if you pay alimony after a divorce in Germany, then when setting the required amount, your lawyer will make sure that a certain subsistence minimum remains of the total income after all payments.

The basic principle of the division of property among the Germans is the same as provided for in Russia, although there are some differences. Everything that was acquired by a man and a woman before marriage remains their property after the divorce. But the property acquired in marriage is divided in half. The co-ownership category includes both real estate and movable property, such as a married car or house. It is possible to divide the property in the course of a separate court session, the application for which is submitted either immediately, together with the petition for divorce, or already during the divorce proceedings.

Since 2009, amendments have been made to German family law, according to which, when dividing the spouses' property, the presence of debts and their impact on the premarital and marital property of each of the spouses are taken into account. According to the new clarifications, in the interval between the moment of filing an application for divorce and the final verdict of the court on divorce, manipulations with one's own property, which were previously divided by a court decision in equal shares, are excluded. If earlier it was possible to somehow use what you acquired in your own interests in order to officially reduce the available income by the court's decision, now the moment of filing an application is the starting point for resolving the property issue, and the date of its consideration by the court no longer plays a decisive role.

True, there is another form of property relations, if at the beginning of the marital union they were concerned about their legal registration, in which the concept of "jointly acquired" simply does not work. In German it is called “Gutertrennung” and property in such a relationship is separate both before and after the marriage.

Unlike Russian legislation, in German it is impossible to divide property according to the principle “this is for the husband, this is for the wife,” for example, to leave the car for the spouse while the spouse receives the property. In Germany, in case of divorce, only division is possible by means of payment of monetary compensation by one spouse to the other. In this case, the spouses' own property, acquired during the marriage, is divided into two equal parts, regardless of who actually earned the money. That is, if the value of the husband's property acquired in marriage is higher than that of his wife, then he compensates for the difference from his own funds so that in the end equal amounts are obtained.

How much will a divorce cost in Germany?

The main expense item in a divorce from a German is legal costs. These include the payment of a good lawyer who will represent your interests in court. All of the above is calculated based on the income of the spouses.

The cost of an average divorce costs a German citizen approximately 1,000-3,000 euros.

This is a fairly large amount; if translated into Russian money, it will amount to 50-150 thousand rubles. This amount looks impressive even at the European standard of living and is quite tangible for German citizens. The lion's share of it is due to a lawyer, about a quarter is spent on legal costs. Add to this the payment of state fees, a separate litigation for the division of property, which, accordingly, is paid separately, the process for determining alimony. It turns out an impressive amount.

These costs can be reduced if the family has a low-income status or has many children. The costs are determined after the end of the divorce proceedings, falling on the person with the full weight of three-year legal costs. The former spouses pay the resulting amount in half.

You can get around some of the difficulties of a German divorce if you are still a citizen of the Russian Federation. If this does not make it cheaper, then at least it will speed up the divorce procedure, since in order to dissolve a marriage, Russian legislation does not require, for example, a year of separation and housekeeping from spouses.

Some lawyers who work purposefully with emigrants from Russia undertake to achieve such a bonus for their clients. But, despite this, a divorce in Germany remains a very tedious and expensive procedure for both an emigrant and a native German citizen.

The German Civil Code does not discriminate between spouses in the event of divorce. The current law in the case of divorce proceedings in Germany is the law governing the effects of the marriage at the time the divorce petition is submitted. The following territory is taken into account in the event of marriage dissolution by divorce:

• - the spouses must have lived separately for at least one year, one of the spouses filed for divorce and the other agreed,
• - the spouses have lived separately for three years, a case in which only one spouse can file for divorce.

Dissolution of a marriage is also possible, even if the spouses have not lived apart for one year, if the marriage presents difficulties to one of the spouses. In this case, however, the German court may request additional information and evidence.

Divorce procedure in Germany

Divorce proceedings in Germany can begin as soon as one of the spouses has filed for divorce. German law does not allow general requests for divorce. In addition, only the spouse requesting a divorce must be represented by German lawyers. The family court handles divorce cases in Germany. After being referred to the trial, the judge will review issues like child confinement and support, spousal service, and the sharing of common property.

If the divorce procedure is carried out according to German law, the balance of delivery must be adjusted; the value of pension entitlements earned during marriage should be equally divided between spouses. In this case, the divorce procedure can take at least six months. The divorce procedure takes about ten weeks if there is no need to calculate the balance of the supply. The supply balance is not calculated if:

• - the marriage lasted at most three years,
• - both spouses have a waivered supply balance,
• - both spouses agree that the divorce procedure is tired in accordance with foreign law, which is possible if one of the spouses lives abroad.

Are there any other marriage dissolution procedures available in Germany?

German law also allows divorce and legal separation. Legal separation does not require any legal formalities to be completed, but for one of the spouses to move separately. Divorce, on the other hand, can only be declared by a German court. Divorce can occur if one of the spouses is already married, not of full age, or if the parties have not registered the marriage in the Civil Registry Book.

Statistics show that every third marriage in Europe is at risk of falling apart - the number of divorces is growing steadily both among the indigenous population of Germany and among those who arrived from the countries of the former Soviet Union. Only 7% of divorces occur by mutual consent of the spouses. Divorce and division of property is an individual and, most importantly, a very responsible process, in which the help and participation of an experienced lawyer is especially needed.

Some people disagree and file for divorce under the influence of emotion, which is fundamentally wrong. First of all, I recommend that my clients calm down, think it over and, if the decision is constant, start collecting the necessary information and preparing for a divorce. In Germany, a marriage can only be dissolved through a family court (Familiengericht) and only with the help of a lawyer. In this article, we will focus on the most common questions from our clients regarding the divorce procedure in Germany.

Divorce procedure

When is divorce possible under German law?

German courts are competent in almost all cases if one of the spouses is permanently resident in Germany or is a German citizen. Divorce under German law is possible not only for marriages contracted in Germany, but also if one of the spouses lives abroad or its permanent location cannot be determined.

What are the stages of the divorce process?

The divorce process is divided into two stages: the main process (Hauptverfahren), as a result of which a decision is made to dissolve the marriage, and the divorce procedure (Scheidungsverbund), during which the rights for children are divided, the amount and procedure for the payment of alimony (both for the child and and for the non-working spouse), as well as the division of property and pension savings of the spouse of the spouses.

How to prepare for a divorce?

You should obtain the necessary information and have copies of important documents. Unfortunately, it is not uncommon for one of the spouses to refuse to provide information about their income and expenses required to calculate alimony for children or for an unemployed spouse, or even hides a marriage certificate, without a copy of which it is impossible to start a divorce proceedings. Of course, a lawyer can force you to provide the necessary information and documents, but it is much better to make copies of important documents yourself in advance.

What other documents are required for a divorce?

Important documents, in addition to marriage certificates, include: birth certificates of common children; all documents illustrating the financial situation of the family and spouses separately (income statements, bank accounts, loans, loans, insurance policies, contracts, securities, etc.); certificates of ownership. For example, if you have real estate, cars or other valuables, a will, a marriage contract. Of course, this list is not complete, since in each case the set of documents is individual.

How does the divorce procedure begin?

The divorce procedure begins with the registration of the separation of the spouses (Getrenntleben). It is necessary to make a statement to the relevant department, where the fact of separation is ascertained and this is entered into the city computer.

What if you didn't manage to leave quickly?

You can live separately both in different apartments, and in the same apartment or house, if the spouses live in different rooms, maintain separate budgets and separate households - they sleep separately, cook, eat, each have their own cups and spoons, their own wardrobes, etc. etc. All this is checked by a judge of the family court.

What conditions are required for divorce?

The impossibility of subsequent reconciliation is a prerequisite for divorce. The condition for the impossibility of restoring relations is the long-term separation of the spouses. In each case, the judge must personally verify this by examining all the details and the smallest details (sometimes not the most attractive) of the personal and family life of the parting people. In any case, the task of a family court judge is to try to keep the family together, to reconcile the spouses, especially if there are minor children.

Is the period of separation interrupted if the spouses came to a short-term reconciliation that did not last long?

The period of separation is not interrupted if the spouses came only to a short-term reconciliation, which did not last long.

Separation of at least one year and mutual desire for a divorce.

What if one of the spouses is against divorce?

In cases where one of the spouses opposes divorce, the required minimum separation period is three years. This deadline must end by the formal court order for divorce. You can file for divorce and start collecting the necessary documents several months before.

What if one of the parties, in one way or another, infringes on the interests of children?

If the spouses live separately for less than one year, but one of the parties in one way or another infringes upon the interests of the children, suffers from alcoholism or drug addiction, uses violence and under other aggravating circumstances, a quick divorce is possible.

Is it possible to do without a lawyer in a divorce?

Divorce in Germany is impossible without the participation of a lawyer. Even if the spouses have no mutual claims, there are no minor children and they both agree to a divorce, the legislation of the Federal Republic of Germany requires that the interests of at least one of the parties be represented by a lawyer. A lawyer can help prepare the necessary statements. Usually the initiator of the divorce turns to the lawyer. If the spouses were able to agree on all the conditions for a divorce (a common case), then one lawyer is enough.

When it makes sense to contact To a lawyer?

It makes sense to contact a lawyer as soon as the marriage ends, to confirm the date of separation. A letter from a lawyer about the beginning of separation is especially necessary for those who receive any benefits from the state. It makes it possible to obtain from the relevant department the separate calculation of benefits, permission to rent individual apartments, etc. For people with low incomes, a family law specialist can help them get government financial assistance to pay a lawyer and a government fee.

What if the spouses failed to reach an agreement?

If the spouses failed to reach an agreement and the case is complicated, for example, by the presence of financial claims of the spouses against each other or by the presence of minor children whose place of residence must be determined by the court, then in order to protect their interests, it is recommended to involve a lawyer and the other party. It should be noted that this is associated with additional costs, so it is cheaper for spouses to negotiate with each other if both of them are informed about their rights and obligations.

Maybe whether a German court at the request of the lawyers of one of the parties to dissolve the marriage under Russian law ?

A German court can, at the request of the lawyers of one of the parties, dissolve the marriage under Russian law.

Division of property in case of divorce

When is the division of joint property carried out?

The division of joint property is carried out in the course of divorce proceedings simultaneously with the division of pension savings, rights to children, determination of the amount and procedure for paying alimony (both for the child and for the less well-to-do spouse).

What property is retained for each of the spouses?

In case of divorce, each of the spouses retains the property that he owned before entering into legal marriage. Items for individual use (clothes, shoes, etc., with the exception of jewelry and other luxury items) acquired during their life together are not subject to division and are recognized as the property of each spouse. If there is a significant difference in the value of the personal belongings of the divorced, this difference must be paid to the other party in money.

What is the joint property of the spouses by law?

The joint property of the spouses is the property acquired during the marriage: movable and immovable capital, securities, deposits and all property acquired by the spouses in marriage, regardless of whose name it was acquired and by which of the spouses it was paid at one time.

How is the property acquired during the life together is divided?

All real estate acquired during their life together is divided equally (counted in monetary terms). When one of the parties receives monetary or other compensation, the right to a share in the joint property is lost. The house or apartment, as a rule, remains with the spouse, with whom the children will live.

Does a spouse who did not have an independent income lose the right to common property?

A spouse who did not have an independent income does not lose the right to common property.

How is common property divided?

The division of common property and the allocation of a share from it (in kind, in monetary or other terms) can be carried out:

• - by mutual agreement of the parties
• - at the request of one of the parties
• - judicially.

Does it have division of property limitation period?

Yes, the division of property has a limitation period.

When can a foreclosure be imposed on the property of the spouses or part of it?

The property of the spouses or part of it may be turned over ( superimposed) collection:

• - in case of compensation for harm caused by their minor children
• - for the general obligations (debts) of the spouses or for the obligations (debts) of one of the spouses
• - if the property was acquired by criminal means.

How are contributions paid by ex-husband and wife or one of them to pension insurance divided?

All contributions paid by ex-husband and wife or one of them to pension insurance are divided in half. This means that upon reaching the retirement age, both the spouse who did not have an independent income and the employed spouse will receive equal pensions.

Payment of alimony

When is the order of payment of alimony in case of divorce determined?

The procedure for the payment of alimony for children and other family members in case of divorce is determined during the divorce proceedings (Scheidungsverbund), along with the division of property and pension savings. Alimony is not paid to the spouse at all if a marriage contract with separate management of property (Gütertrennung) was previously concluded, or if the income of the divorced is approximately equal.

What law regulates the procedure and amount of the payment of alimony?

The procedure and amount of the payment of alimony (alimony is material means (money) paid voluntarily or forcibly through the court for the maintenance of a person) is regulated by the Alimony Act of Germany. According to this law, the claimant for alimony must really need it, and the party paying the alimony must not significantly reduce its standard of living.

Who is eligible for content?

As a rule, the closest relatives: children, grandchildren, parents, grandmothers, grandfathers, spouses, etc.

When can I claim a payment for my maintenance?

You can only demand payments for your maintenance if you cannot fully support yourself, while your own income and property are taken into account.

What are the priorities when paying for upkeep?

The first place when paying for maintenance belongs to their own children (on an equal basis and illegitimate). In second place in terms of payment for maintenance is the ex-spouse (spouse).

Can an application to the court for child support (children) be filed without divorce?

Yes, an application to the court for child support (children) can be filed without divorce.

How to calculate the amount of child support?

The amount of child support depends on the income of the parent living separately from the children. On the basis of these incomes (net) for the constantly improving so-called, the amount of alimony is roughly calculated. You can choose a specific fixed amount of alimony or dynamic regulation of the amount of payments.

Sometimes a foreign mother, for whatever reason, returns with her child (children) to her homeland. How is the amount of alimony calculated in these cases?

The amount of alimony paid by the father in this case is determined by taking into account the cost of living in a particular country. If the child's father living in Germany evades the maintenance payment, the foreign mother can turn to a German lawyer who will represent her interests in Germany.

Do I have to pay child support if the income of the parent with whom the child (children) lives is large enough?

Yes, it is necessary, since the income of the parent with whom the child (children) lives does not play any role.

What if the parents cannot peacefully agree on the amount of alimony?

The actual amount of alimony in disputable situations is determined by the court.

How is the amount of payments for additional expenses calculated?

There are often temporary or permanent additional costs. These are, as a rule, expenses for treatment, medical care, vacations, travel, paid lessons with tutors, sections, circles, sports equipment, etc. People receiving child support need to collect proof of their expenses (bills, checks, receipts, etc.).

Often, the party receiving alimony, wanting to annoy the former partner, acquires unreasonably expensive things for the children. What should the paying party do in such cases?

When can a mother of an illegitimate child apply for child support?

When filing a claim for establishing paternity, the mother can simultaneously file an application for the recovery of alimony on herself and her illegitimate child.

What expenses must the father of the unmarried child bear?

The father of the future illegitimate child is obliged to bear all the costs associated with pregnancy and childbirth, if necessary, support the mother of his unborn child.

Does a parent living with minor children have the right to security?

Yes, a parent living with minor children is also entitled to security if necessary.

Is a parent obligated to work with a dependent minor child?

The alimony law guarantees former spouses to pay maintenance while raising joint children until the youngest of them is three years old. If one of the children is less than eight years old, the parent living with the child is not obliged to work, and until the child reaches the age of fifteen, he may be partially employed.

At the discretion of the court, a decision on the payment of alimony after a divorce is given in the following cases: while studying (Ausbildungsunterhalt) the former e th spouse; while looking for a job former e th spouse (Erwerbslosenunterhalt); in the case when own income was e th spouse is insufficient (Aufstockungsunterhalt); due to illness, disability (own or child, krankheitsbedingter Unterhalt); by age (Altersunterhalt). According to the Alimony Law, an ex-wife or previously unemployed husband after a divorce must support himself (work or look for work). However, jurisprudence shows that someone who, being married, is accustomed to a high standard of life and, as a rule, did not work, may not work even for the first year after the dissolution of the marriage. Alimony is not paid to the spouse at all if a marriage contract with separate management of property was previously concluded or if the income of the divorced is approximately equal.

What if the circumstances have changed and the former partner cannot continue to pay?

The paying party can always declare its right to reduce the amount of alimony. In this case, legal reasons and reasons must be provided (incapacity for work, job loss, the birth of a child in a new family, etc.). The party paying alimony, according to the law, should not significantly reduce their standard of living.

What can be done if the person obliged to pay child support tries to hide his real income?

A lawyer, in accordance with the legislative norms of the Federal Republic of Germany, can obtain reliable information about the income of a person who is obliged to pay alimony.

Sometimes one of the partners forces the other to refuse in the future the alimony owed. Is it legal?

No, according to the law, waiver of receiving alimony in the future is invalid.

What happens if the former Does her spouse conclude a new marriage?

If the former spouse (spouse) enters into a new marriage, then the right to receive her (his) own maintenance is lost. If the ex-spouse (ex-spouse) runs a joint household (lives without entering into an official marriage) with a new partner, then after a couple of years of such a life together, she (he) may also completely lose the right to receive alimony for his own maintenance, since this is cohabitation will be considered by the lawyer of the ex-spouse and the family court as a way of enrichment at someone else's expense.

Children after divorce

What if one of the parties in one way or another infringes on the interests of children?

In cases where the spouses live separately for less than one year, but one of the parties in one way or another infringes upon the interests of the children, suffers from alcoholism or drug addiction, uses violence and under other aggravating circumstances, a quick divorce is possible.

With whom do the children stay after the divorce, are their opinions taken into account?

Despite the fact that, in accordance with the law, parents have equal rights in relation to a child, statistics show that children, as a rule, stay with their mother and, with rare exceptions, with their father. The child's own opinion is taken into account when he reaches the age of ten.

Can a parent living with a child (children gh) prohibit the ex-spouse from taking the child for a while to himself or to his relatives ?

In any case, every child should be guaranteed a full-fledged upbringing in which both parties participate. Joint right to custody also means joint responsibility for the child, joint representation of his interests. Communication with a child cannot be dosed, limited in time or space. For example, a mother living with a child (children) cannot forbid her ex-husband to take the child for a while to herself or to her relatives.

Who other than the parents has the legal right to communicate with the child?

Grandfathers, grandmothers, brothers, sisters and other relatives have the legal right to communicate with the child (children).

Where to go if one of the parents obstructs communication with the child o m (children gh)?

If one of the parents hinders the communication of close relatives with the child, you should contact the guardianship authorities. If this does not bring the desired result, the child's relatives can apply to the court with a corresponding statement.

What measures are taken in case of non-compliance with the court decision and further obstacles on the part of one of the parents to communicate with the child (children gh)?

In case of failure to comply with the court decision, the measures provided for by civil law are applied to the guilty parent.

When does custody transfer to one parent?

According to the law, it is possible to transfer parental care completely to one of the parents if one of the parties in one way or another infringes on the interests of children, suffers from alcoholism or drug addiction, uses violence under other aggravating circumstances, again if and only when it serves the interests child. Children, the most vulnerable and suffering side of divorce, should not be bargained for or an instrument of revenge.

Should the parent who has been granted custody have to take into account the opinion of the other party?

The parent who has received the right of custody can determine the place of residence of the child (children), choose child care facilities, conditions for leaving and staying abroad, etc. The opinion of the other party in this case may not be taken into account.

Up to what age are children entitled to receive financial assistance from their parents?

Minor children always have the right to count on financial assistance from wealthy parents. Adults - during the period of obtaining higher education (vocational training), if it is not possible to find a suitable part-time job; when preparing for final exams or defending a thesis; within a period of about three months after the completion of the training, if it is proved (Nachweispflicht) that there is no chance of getting a paid job; in case of disability due to illness; with disability. At the same time, there is no upper age limit for children.

How to properly file a divorce for a foreigner?

Does the foreign spouse always lose the right to reside in Germany under the normal termination of the marriage relationship?

Since a temporary residence permit in the Federal Republic of Germany is issued to a foreigner only for the purpose of reuniting with a spouse, then when registering a separate residence during this period, such a permit is usually canceled. However, the law establishes cases in which a spouse who has a limited residence permit and who has suffered, for example, from domestic violence, etc., does not lose the right to live in Germany under the usual procedure for terminating the marriage relationship.

In case of blackmail, violence, etc., call the police, collect evidence, seek protection in the Women's House, get separate housing, social assistance, and file for divorce with the help of a lawyer.

I recommend that my foreign clients stock up on the necessary information and copies of important documents in a timely manner. Unfortunately, it is not uncommon for one of the spouses to refuse to provide information about their income and expenses, which is necessary for calculating alimony for children and for an unemployed spouse, or even hides a marriage certificate, without a copy of which it is impossible to start a divorce proceedings. Of course, a lawyer can force a stubborn person to provide the necessary information and documents, but it is much easier and faster to make copies of them in advance.

When does it make sense to first contact to a lawyer?

It makes sense for foreign clients to contact a lawyer as soon as the marriage ends to confirm the date of separation. A letter from a lawyer about the beginning of separation is especially necessary for those who receive any benefits from the state. It makes it possible to obtain from the relevant department the separate calculation of benefits, permission to rent individual apartments, etc. For people with low incomes, a family law specialist can help them get government financial assistance to pay a lawyer and a government fee.

According to the Aliens Act, after three years after marriage, foreign nationals can generally continue to live in Germany after divorce.

Financing the divorce proceedings

What is the cost of divorce proceedings in Germany?

The cost of the divorce proceedings is directly proportional to the income of the divorced and directly depends on the size of the joint fortune of the spouses. Accounts, securities, real estate, cars, etc. are taken into account.

What is included in the cost of a divorce in Germany?

The cost of a divorce in Germany consists of a state fee (Gerichtskosten) and the cost of a lawyer (Rechtsanwaltsgebühren).

How is the cost of divorce divided between spouses?

Usually, each of the spouses pays their lawyer and half of the state fee.

What if the person who wants to get a divorce does not have the necessary funds?

If the person wishing to divorce does not have the funds necessary for this, all associated costs, including the lawyer's fee, are covered by the state. To do this, you must submit a special application to the local court (Amtsgericht) and provide documents proving the relevant financial situation (for example, a certificate of unemployment benefits).