Do you or your partner want a divorce? What needs to be done now and what are the consequences of a divorce?
These are important questions that our homepage can give you an initial overview of and familiarise you with our range of consulting services. Precisely because questions relating to almost all areas of your life (wealth, income, pension, children) need to be clarified after the separation until the divorce, our homepage cannot replace a trusting conversation with a lawyer.
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The judge may only pronounce the divorce when the marriage has failed. In most cases, this only requirement for divorce is met when one year has passed after the separation (so-called separation year). However, decisive “course” for the future, such as maintenance, the residence of the children or the treatment of the children, are settled provisionally or finally, not just at the time of divorce, but already in the year of separation.
The actual court proceedings of divorce begin with an application, which must be filed by a lawyer.
At the request of one of the spouses, clarification of the subsequent cases can be reached in addition to the actual divorce. This clarification can be achieved in divorce proceedings either by recording an agreement that has already been negotiated outside the court or, if an agreement is not possible, by a decision of the court.
If you are largely in agreement with your spouse and want to save on attorney fees, then a amicable divorce the right path for you.
In the event of such an amicable divorce, we can assist you as follows:
- We will advise you (also gladly together with your spouse) on the legal situation following your separation and the existing claims based specifically on your life situation. In doing so, we clarify all questions relating to divorce proceedings, in particular questions relating to maintenance, benefits and pension compensation. If you wish, we will also be happy to advise you on a child-friendly arrangement of custody and handling.
- If you and your spouse agree, you only need a lawyer for the divorce proceedings. We represent you, initiate divorce proceedings and take part in the divorce court.
- If you need further advice, we will be happy to advise you at any time regarding the legal situation and regulatory options that arise when taking your interests into account.
If you no longer need advice on divorce or divorce proceedings at the start of our assignment, we can also handle the entire divorce proceedings online if you wish due to lack of time.
As a lawyer, however, contrary to popular opinion, we can only represent one spouse at a time in the event of a divorce.
- Divorce
- post-marital support
- Profit/ property law
- Asset settlement
- Supply equalization
The judge may only pronounce the divorce when the marriage has failed. In most cases, this only requirement for divorce is met when one year has passed after the separation (so-called separation year). However, decisive “course” for the future, such as maintenance, the residence of the children or the treatment of the children, are settled provisionally or finally, not just at the time of divorce, but already in the year of separation.
The actual court proceedings of divorce begin with an application, which must be filed by a lawyer.
At the request of one of the spouses, clarification of the subsequent cases can be reached in addition to the actual divorce. This clarification can be achieved in divorce proceedings either by recording an agreement that has already been negotiated outside the court or, if an agreement is not possible, by a decision of the court.
A divorce is described as amicable when the spouses only need the judge to determine the failure of the marriage and to divorce the marriage.
In contrast to “normal” divorce proceedings, there is no separation year in the event of a hardship divorce. A hardship divorce therefore has high requirements to protect the marriage.
The requirements for a hardship decision govern Section 1565 (2) BGB.
These are:
- unreasonable hardness
- founded in the person of the other spouse
- the continuation of the marriage in particular must be unreasonable
A hardship decision in the event of severe violence, rape or the like is considered.
Note: An application for a hardship decision should be carefully considered. In most cases, such an application must be discussed in detail and the reasons for the hardship must be proven. My impression is that many judges avoid such taking of evidence by delaying divorce proceedings until the end of the separation year.
You have entered into an international marriage. This international connection can either be due to the fact that you married a partner of another nationality or did not live in Germany. You can also find more information on the website of European Commission received. In this case, we will first clarify whether German courts have jurisdiction over your divorce. In a second step, we will determine whether you are divorced on the basis of German law or another law. We are then committed to successfully achieving your goals.
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