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If you are looking for a Familienrecht München, then you have come to the right place. Here you will learn about the laws and procedures for a divorce in Germany. You will also find out about spousal support, inheritance disputes, and living apart after a divorce.
Divorce in Germany
Whether you live in Germany or are looking to move to Germany, you may be facing family law issues. If you are considering divorce, you should know that your legal rights and obligations are governed by family law. You should also be aware that you may need to obtain legal advice in order to settle these issues.
Divorce in Germany is a relatively straightforward process. The first step is to file a petition with the local court. This may take up to six months to complete.
The couple must live separately for at least a year before the divorce can be finalized. This is to allow the couple to think about their marriage.
Community of Accrued Gains Regime
The community of accrued gains is a legal matrimonial property regime in German law. It represents the division of the assets earned during a marriage. It is often called the Zugewinngemeinschaft.
In Germany, the community of accrued gains is the default statutory matrimonial property regime. However, some married couples can choose to have a separate property regime. This is usually done through a marriage contract.
Accrued gains are the difference between the final value of a spouse’s assets at the time of divorce and the initial value of his/her assets at the beginning of the marriage. This can also include supplementary benefits. It must be noted that privileged acquisitions are not considered accrued gains.
Inheritance disputes
Inheritance disputes are a common issue. Fights over estates have devastated friendships and destroyed families. Fortunately, alternative dispute resolution can help to preserve the family relationship. It is a more cost-effective alternative than litigating the dispute in a court of law.
In some cases, inheritance disputes arise for financial reasons. In other instances, the heirs are concerned that they have been treated unfairly. In either case, a lawyer can help to protect the family and its assets.
A legal dispute can also arise over a will. If the will was invalid, the heirs can make a claim. The will may have been written by a person who was incompetent or who made a mistake. In these cases, a German probate court can investigate who is a beneficiary of the will.
Spousal support
Spousal support is a type of alimony that may be awarded in a divorce. The goal of spousal maintenance is to assist the recipient spouse to become financially independent. The amount of spousal support is decided on a case-by-case basis.
Spousal support can be ordered when the judge finds that one party will be worse off after the divorce. It is usually awarded to people who cannot find work. It may also be awarded if a person has been physically abused by their spouse.
Generally, the spouse with the lower income is eligible to receive spousal support during the year of separation. They must prove that they have a need for it.
Living apart for a divorce
If you live in Germany, you may have heard of living apart for a divorce. While you do not need to have your partner to do this for you, there are conditions that you must meet. This includes living separate properties and not performing services for your spouse. If you are able to meet all these requirements, you are in a good position to get a divorce.
One of the most interesting facts about this procedure is that it is done in Germany. This is because German law is applied to divorces. If a couple wants to get a divorce, they will need to file a petition at the family court.
Renewing your residence permit after the divorce
If you’re a lawful permanent resident, you may be wondering if getting a divorce will affect your Green Card. There’s no need to worry, but it is important to understand your options. If you’re considering filing for a divorce, you should seek the help of a qualified immigration attorney.
To renew your residence permit after the divorce, you need to show the U.S. Immigration Services that your marriage was bona fide and not fraudulent.
To prove that your marriage was a real thing, you’ll need to provide proof of the following. The proof could be a bank statement, a photo, or even a phone bill.
