Family law: separation, divorce

Family law includes the legal relationships relating to marriage, including same-sex partnerships, as well as child and family relationships.This is not only about the annulment or divorce of a marriage, but in this context also about subsequent matters such as property law compensation of gains, sharing of household items, maintenance claims, compensation of pension claims i.e,  pension compensation custody including questions of access rights, acknowledgement or contestant of paternity, questions of adoption etc.

Some of these points mentioned can also become the subject of a family court dispute independently of a divorce if, for example, divorced parents cannot agree on questions of child maintenance or the right to determine the residence of the common children.

In connection with the implementation of a divorce, the spouses usually ask themselves the following questions:

 Who are the children staying with?

 Who has the right to determine the residence of the children?

 What does “common care” mean for the children?

 How is the commonwealth divided?

 What happens to my assets?

 When can the marriage be divorced or the civil partnership terminated?

 What maintenance do I have to pay for my partner and children?

 What happens to the common debt?

 What about the apartment?  Can I terminate the rental agreement?

family law attorney

 As a divorce lawyer, he was asked these questions as part of family law advice. The lawyer will explain the legal situation and give you answers to your questions. As a family law attorney, he should know what steps you should take and will initiate divorce for you if the conditions are right. Once after deciding and understanding these questions and answers for them one can process with divorce.

Divorce by mutual consent

A consensual divorce requires that the spouses have complied with the so-called year of separation – that is, live at least one year apart. If both spouses then agree on the divorce, it is sufficient for only one of them to hire a lawyer.  The spouse who only agrees to the divorce petition and does not submit his / her petition does not need to be represented by a lawyer in the divorce proceedings.  In the case of a mutual divorce, a single lawyer is sufficient – and the costs are then usually shared internally between the spouses.

 This approach is therefore always recommended if both spouses agree to the divorce and all divorce-related matters such as alimony, custody and sharing of household items have already been settled before the application for divorce is submitted.  A binding regulation is possible in the form of an agreement on the consequences of divorce. For reasons of cost, it is advisable to make such an agreement on the consequences of divorce during the separation period.

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