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About Rich-Muc

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  • Nationality British & German
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  2. Divorcing in Germany with a young child

    This is my understanding so far, please correct me if I'm inconsistent or wrong, as I currently have zero experience here.   There are many comments about the JugendAmt and what the courts can apply etc, these are all based on laws/rules such as the Duesseldorfer Tabelle, which should be used to apply a common understanding across many different cases, which then the JA themselves can apply specific judgement on.    I find the excerpt posted above from: very helpful indeed. It gives an insight (only) into typical outcomes in Germany, ive especially found it hard to find out what happens when you agree to a 50/50 split with you ex and it seems there is almost never an  official 50/50 spit, the court seems to ALWAYS assign a primary care giver (which for continuity is the person who stayed at home with the kids ie the Woman) so that they can then apply the rules that are created above.   All of the spousal support payment rules during the Trennungsjahr are only there if the person who needs the support (lower earner) takes the other to court to get an official ruling. But all of the rules that are in place are for hostile situations in a divorce, if there is no hostility and you can come to a complete agreement with your ex, (They can also read these sets of a rules and get an idea on what child or spousal support payments they are entitled too, so then can start with a ball-park figure when sitting down to negotiate, but try to keep things amicable and not "milk" you for every last penny) then you would in theory only need to do an ONLINE divorce to have bare minimum involvement for a lawyer to submit the divorce (as required by law in Germany).   But it seems that after the divorce is final, there is most probably a judgement by the court if the person who needs the support (lower earner) takes you again to court (which is in fact the process, its a new request). But maybe again this can be negotiated again with your ex if you are again in complete agreement.   Again, this would be an atypical case where the separation and divorce is TOTALLY amicable and can be handled without a mediator/lawyer. So as others have already said, keep those communication lines open and try and sort this out yourselves before going to a lawyer.        
  3. Divorcing in Germany with a young child

      I read: For Permanent employees the alimony is based on the past 1 year for Freelancers/contractors, its based on the last 3 years
  4. Divorcing in Germany with a young child

      sorry just to clarify - if a child is shared 50/50 is the child support from both parents 50% of the number in the Duesseldorfer table, which in effect cancels it out to 0?   then you refer here to the spousal support/maintenance (aka alimony) which is irrelevant to how the child is supported?