Separation

A separation is always associated with a phase of personal change in which - in addition to the emotional burden - many questions arise and far-reaching decisions must be made. In our experience, it is important for you in this situation to quickly resolve any questions that arise, which are usually of far-reaching economic importance, with a competent contact person. In our experience, the faster the legal issues are resolved and the living conditions can be adjusted, the more fairly spouses treat each other.

What we can advise you on:

The questions answered below are intended to help you find out about the advisory services offered by our law firm before and during your existing mandate and to get an overview of topics to be resolved/clarifying legal issues.

initial consultation
Separation support
Matrimonial home
Household goods
Kids
Asset diversification/gain
Inheritance Law in the Event of Separation and Divorce

We will then work hard to achieve your goals. Our premise always remains as fair as possible and as tough as necessary.

How is the alimony calculated?

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‍Information
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To determine the amount of alimony, it must first be clarified what income the spouses have. Each spouse has very extensive information requirements for this purpose. In addition, there is also a right to have the accuracy of the information proven by suitable documents such as payslips, profit and loss statements, etc. On the other hand, there is no right to information about other circumstances that may be significant for the maintenance claim, such as employment efforts...

Determination of the net maintenance law

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As soon as the income has been determined, it must be clarified how much of the income is available for maintenance, the so-called “maintenance net”. In addition, taxes, duties and other charges (insurance, private pension plans and debts not entered into recklessly) must be deducted from gross income.

Determining the amount of maintenance

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As soon as the net maintenance law has been determined, child support can be obtained directly from Düsseldorf table be derived. For spousal support, child support must be deducted from the net maintenance law. If there is a maintenance claim, almost half of the income is then distributed.

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What happens to the married home after the separation?

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Even after the separation, both spouses have the right to remain in the married home. This applies even if one of the spouses is the owner or sole tenant of the married home. If no agreement can be reached on whether to remain in the married home, it is possible to have the married home assigned to a spouse by the court. In this allocation process, the best interests of the child and the ownership structure play a role in particular.

If there has been violence, the temporary allocation of the married home in a Violence prevention procedures be decided.

Apartment for rent

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If you have rented an apartment together as a couple, consists Action required after a partner has moved out. It is true that the person remaining in the apartment is obliged to pay the rent for the apartment alone after moving out. However, both tenants remain liable in their relationship with the landlord even after moving out. This liability risk is usually not wanted after a separation.

If you are married, the law therefore provides for the option of transferring the rental agreement to the spouse remaining in the home even without the consent of the landlord. Unfortunately, the options given by law are more limited in the case of unmarried people. If an agreement cannot be reached with the landlord, the only option is often to terminate the apartment.

Condominium/House

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Even in the case of a condominium shared or owned only by one spouse, it is possible that the married home of one of the spouses for sole use is assigned. However, the issues that need clarification for such an allocation are more complex here. On the one hand, when allocating a condominium, a rent is set by the judge, which is already specified for the apartment for rent. Secondly, when influencing the judicial assessment of whether an assignment should be made, there are significantly more options for reaching a decision you want.

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What does gain/property law/asset division mean?

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If spouses have not concluded a marriage contract, they live in the legal property regime of the community of gains. Contrary to popular opinion among the population, this property regime does not create joint assets. This means that each spouse remains the sole owner, e.g. of their account, of life insurance, savings accounts or real estate. Only if the spouses set up a joint account, for example, or register together in the land register for the married home, will both spouses become owners.

Calculation of gain

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As a result of the divorce, the property regime of the community of gains ends. In the event of a divorce, the gain must therefore also be settled in court or out of court. For this purpose, the initial assets (assets at the time of marriage) and the final assets (assets at the time of divorce) of each spouse are first determined. The law provides for comprehensive information requirements to determine your partner's assets.

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The gain is then calculated as follows:

Final assets — initial assets = gain

Gain (man) — Gain (woman) = Gain difference

Gain difference: 2 = claim of the person who earned less

In the event of a separation/divorce, if you live in the legal property regime, we calculate the compensation for gains, determine whether there are other financial claims (loan recoveries, etc.) and represent your interests out of court and in court.

We review your marriage contract with separation of property

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If you have concluded a marriage contract with separation of property, we will check whether the marriage contract is effective or whether the marriage contract may have to be adjusted. Such an adjustment must be made, among other things, if, up to the separation/divorce, the situation developed differently from what you and your partner based on when drawing up the marriage contract.

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Supply equalization

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Pension compensation is the settlement of pension rights accrued during the marriage. In divorce proceedings, the judge must carry out pension compensation ex officio.

The following claims acquired during the marriage are settled:

- Statutory pension insurance claims

- Claims arising from a company pension

- Claims from private life insurance policies that are based on a pension payment (life insurance policies that provide for a one-off payment usually fall into the profit).

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Separation

Separation

What we can advise you on:

Separation

Divorce

Daycare/Kita

Contracts

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