Get information about conditions of divorce and the divorce proceedings , taking into account the special provisions in the new Länder.
* Discussion of marital home and household goods
* Gain compensation
* Maintenance of the divorced spouses
* The proceedings before the Family Court
* Divorce law in the new federal
* More information
Since 1977, applies the principle of disruption . This means that a marriage can be dissolved if it has failed , regardless of which of the couple ‘s guilt for the failure of the marriage. The failure of the marriage is presumed after a certain time for separation (one year by mutual agreement and for three years of contentious divorce).
In the event of a divorce are different issues to resolve :
Discussion of marital home and household goods
In a rented apartment , the court may recast the tenancy. With joint ownership , the court may assign a partner to the flat sole use and fix a reasonable compensation. For the division of household goods , it is important whether the goods are in the common property or a spouse is the sole shareholder.
If the spouses in the legal regime of community gain , the gain must be compensated in separate proceedings . The value of initial assets and the final wealth of each spouse is compared . The decisive date for the determination of final wealth is to serve the divorce application. The spouse with the lower gain in return is to claim half the value difference to the gain of the other spouse .
Maintenance of the divorced spouses
Basically , each spouse must pay after the divorce , even for his maintenance. A claim for maintenance , the legislature therefore provides only for certain groups of cases (maintenance situations before ). There are, for the maintenance of child care, if the spouse is because of the education and care Community Children engage in any gainful employment. Under certain conditions, the maintenance claim be excluded or reduced (so-called hardship clause ).
The maintenance is only if spouse is obliged to pay maintenance as he can muster the support without risk to his own reasonable living expenses ( so-called retention ). Where this is necessary to determine the maintenance claim, the spouses have to each other information about their income and assets required .
Through the pension rights pension rights acquired by spouses during marriage are divided in the divorce case. The spouse who has acquired rights is higher , the other spouse in the value of half of the value difference.
The proceedings before the Family Court
For the divorce proceedings, the Family Court has subject matter jurisdiction . Local first the family court has jurisdiction in whose district the spouses have their common habitual residence. In divorce proceedings, the spouses must be represented by a lawyer. The legal costs of the divorce proceedings take both spouses in half, next to each spouse contributes his lawyer. At the request of legal aid can be granted if the conditions .
For more information on counseling and legal aid you receive here.
Divorce law in the new federal
Spouses who have lived in the legal regime of property and assets of the Community Family Code of the former GDR ( FGB ) , in accordance with paragraph 4 of Article 234 § 1 draft Law on 3 In October 1990 in the legal community property regime , the gain occurred in the Civil Code .
If spouses have objected to this change is effective , the resolution of property and assets community (still ) under the provisions of the FGB of the GDR.
The alimony because of the FGB of the GDR will only apply to spouses whose marriage before 3 October divorced 1990th Since the law of the GDR did not know any pension rights , pension rights is a place only for a spouse, after 31 divorced in December 1991.