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Found 2 results

  1. I've been in Germany for many years now, and I have a german wife, and a 1 year old daughter. I'm British and since last year also German (due to Brexit...) My marriage to my wife has been very rocky almost immediately after she fell pregnant. We argue way too much and intensively. The dynamic has also changed with her family, especially now that we have a little girl, the MIL loves interfering more than she needs too, which doesn't help things. In the last few months, I've unfortunately been thinking divorce is looking more inevitable. I'm interested in knowing a few things first from people who have gone through similar experiences in Germany. My wife and I have a prenup, that basically covers my asset (a flat I own in Germany), and her pension (as I don't have one). I freelance, my wife is an employee. She has kept her maiden name. We don’t have joint bank accounts.     In the case of a divorce, how is the time of each separated parent normally allocated to a baby/young child?  How could I ease the transition for my daughter to having two parents with different lives? For those divorced and with children, how do you organise holidays and trips to your homeland with your ex/Jugendamt? My wife and I share a flat we bought together, so if I were to move out before selling the flat, is it advised to keep up my share of the mortgage payments if my wife were to live in our flat when I'm no longer there? When it comes to splitting up the finances, is the length of the marriage taken into consideration? My wife and I are married for less than 3 years. Does the nationality of the child play a role? My daughter is dual nationality (DE-UK). I assume under nearly all circumstances young children have their main residency with their mother, but can this be somehow split? I'd like to at least move out into a 3-Zimmer flat so my daughter has her own room, and my place is just as much her home as with her mother (so an approx. 50-50 split, if possible). Going through divorce proceedings, I’d like to at least offer my readiness, if necessary, to be the sole carer although I concede this probably won't be a real possibility. I understand that this may be irrelevant in the eyes of a court, but my wife would have a lot of support from her parents 150km away and her sister about 40km away, not to mention her network of friends here. I'm not fishing for sympathy, just want to state that I’m on my own in Germany with many of my friends elsewhere. So I unfortunately won’t have any local support from family at least. Would this also be taken into consideration from a Jugendamt/court? Would it be advised to launch divorce proceedings from the UK, if possible? We own a flat together. I assume that this would be split 50-50 once sold. What about other claims for finance; could my wife claim half my earnings since the time that we were married? I’m of course prepared to finance my daughter, but I don’t like the idea of financing more than required for my wife after a divorce.    Would be interested in hearing your thoughts and to know if there is anything else to consider.
  2. Divorce and financial complication

    Hello everyone,    I am a vietnamese and I have been studying in France since long time with an annual french residency card. In 2017, I went to Berlin to do an internship before graduating and I met my husband.  He is German and we got married in Denmark, then made it recognised by Standesamt in Germany.   For short, after some months, things go rough, and I start to comtemplate the divorce. I dont want to go deep about details of our relationship, how it went wrong. I am just looking for advice about financial problem between us.   Before getting married, he had around 20.000 in savings (in bank accounts and cash). . He suffers a severe depression and under depressive treatment. His thinking is not very stable. Now each time we argue, he blames me for spending all of his savings. My worry is that, if in case the divorce happens, is there any possibility that he can sue me and force me to pay back that 20.000euros.  Here are more details about our financial situation:  October 2017, we were not married. I came back to France for one month to sort out everything so that I could move to Berlin with him, he transfered me 1000e  as financial support and paid for 1000e for a 3 month german course starting from November 2017.  I moved in with him in November 2017 and We married in end of December 2017 From December till March 2018, we stayed in the flat where he used to live before, the rent was 500e/ month  From March 2018 to End of May 2018: we lived in a new flat which is much more expensive 850euro/month.  During this time, he paid for another 3 month german course, around 1200E. I quited the german course since January so he got the voucher for 7 weeks left.  From November 2017 until  end May of 2018, I was unemployed and his monthly salary was 1200 euro per month. He is always the only one whose name is on the rental contract and pays the rent. Daily expenses and expenses for the marriage were from his monthly salary and his savings.  From juin 2018, i left to France to work and start to earn my own salary (2600e net). in June, his monthly income was still 1200 euro. In July, it was his transition period, his trainee salary stoped and he is in short of incomes. I intend to send him part of my salary to support him.  Starting from next August, his salary will be 3000e net per month. He stays in the same flat.    We have no children, no common bank account. During the time I was in Germany, he gave me one of his cards with 200E per month, but for so many times i could not pay it because they usually asked for his ID. I also used my own savings to pay for daily expenses and my personal need like clothes, medicines etc. My savings is much less, around 1500-2000e or so.  He already declared to his employeur that he got married and he is entitled for a better tax category and 200 euro more for his monthly salary. He told me that he is entitled to get 200e more starting from December 2017 but somehow he hasnt got it yet. Honestly, I dont know exactly how much he got, if/when he got it or not, or how 20.000e was blown up. It is totally his accounts and I dont have any real following up on his accounts. I dont intend to claim the money he get from the married status either. I understand he paid alot for us, now I am financial independant, I dont need that money. There would be nothing to ask for if he is in normal mental state. In normal mental state, he never mentions about the money he spent during this marriage. When he has a panic attack, he blames me for every penny he spent on us. So I cannot predict how he will react when it comes to divorce.    My questions are:   1- Is he entitled to sue me for that 20.000euros? I really doubted if 20.000euro could evaporate that quickly.  I understand that, normally, he had the savings before the marriage and during the marriage, it remains his property. But I see that he was the one who paid it with his own card, and it was for common life.  If he does, what kind of proof may be required by the court? If I have to pay him  back that savings, the money I transfer to support him during the marriage, will it be deducted in some way?    2- People advise me to make him sign a contract of Financial Separation, to avoid the possibility that he can claim that 20.000euro on me. Does anyone do it and will it work?   3- the fact that we got married in DK and made it recognised in Germany, how can we know we are under which matrimonal regime? Or it does not matter, as long as we file the divorce in germany then we are under German regime?   4- Despite the fact that we already live separately since June 2018,  i am still registered in Germany until now. I wonder if the separation time can be counted starting from June, when we actually live apart or only from when I do the Abmeldung? I can provide full time work contract and rental contract in France from June.    5- Can he also claim my responsibilty for the rent of  his current flat during the separationt time too? Like he had to suffer the heavy rent because he expected med to come back?    I dont want to blame or to run away from any responsibility if I have to in this divorce. I also dont want to discuss about how things end up like this, who is right who is wrong, why I was dependant on him etc. There is a lot of details inside but it is not the purpose of my post here. I just want to clarify my/his right and try to make the divorce easier for both if possible. Considering that we got married in Denmark and made it recognised in Germany, i dont know which matrimonial regime will apply for us.    I will consult a family lawyer based in Germany too, but until I can find a good one, I would love to know your advice first.  Thank so much in advance,