7 Things you must know About Divorce in Germany
Germany is said have some of the most modern divorce laws in the world. However, these laws are complicated by the fact that Germany is a multicultural society thus are affected by these cultures and also the fact that it's a member of the EU. Like many other developed countries, divorce in has been on the rise. Here are some things you need to know about this process in Germany.
One of the most asked questions is whether a marriage can be dissolved in this country even if the couple was not joined in matrimony here. This is possible. In fact, you do not need to both citizens of this country to file for divorce. However, the couple need to be residing legally in the country. Interestingly, the divorce court can opt to use the divorce laws of your native country. So, if you are a Kenyan or US citizen, you need not go back to your country to use the laws that first married you. Whether or not your country will recognise this dissolution of marriage is totally up to your country's legal system.
To apply for divorce in Germany some strict legal requirements need to be met. For example, you need to be separated for at least one year. This separation is recognised even if you live in the same locality so long as you do not live in a manner to suggest that you are a couple. Of course it is very important that the separation be legally recognised if the case is to be expedited. Since divorce is a right in this country, the court does not need to know why you want the marriage dissolved. If you want more detailed information in the German language click here: Familienrecht Leverkusen.
Though difficult, it is possible to achieve divorce before the one year legal separation period is over. The easiest way for foreigner to do this is to file for divorce using their country's laws which may not need this one year separation period. Another ground could be that your spouse is involved criminal activities.
A fairly simple divorce case in which both parties have agreed on various issues such as visitation rights, child support and alimony could take about 3-6 months. Complicated cases may take years. Divorce in Germany often does not end up in lump some payments; it prefers small payments spread over time. In a any divorce case that occurs in Germany, the right of the child are foremost protected. The laws in this country consider the legality of a child to be bound to birth. Consequently, it favours mothers to take legal custody of a child.
After a marriage agreement is dissolved, the court gives a month to allow for appeal; neither of parties can marry during this time. As you can see, that divorce in Germany can be very complicated, consequently, it very important to get good legal representation. Such an attorney should be registered to practice law in Germany. Furthermore, they should understand the language very well as well as English if you are from an English speaking country.
One of the most asked questions is whether a marriage can be dissolved in this country even if the couple was not joined in matrimony here. This is possible. In fact, you do not need to both citizens of this country to file for divorce. However, the couple need to be residing legally in the country. Interestingly, the divorce court can opt to use the divorce laws of your native country. So, if you are a Kenyan or US citizen, you need not go back to your country to use the laws that first married you. Whether or not your country will recognise this dissolution of marriage is totally up to your country's legal system.
To apply for divorce in Germany some strict legal requirements need to be met. For example, you need to be separated for at least one year. This separation is recognised even if you live in the same locality so long as you do not live in a manner to suggest that you are a couple. Of course it is very important that the separation be legally recognised if the case is to be expedited. Since divorce is a right in this country, the court does not need to know why you want the marriage dissolved. If you want more detailed information in the German language click here: Familienrecht Leverkusen.
Though difficult, it is possible to achieve divorce before the one year legal separation period is over. The easiest way for foreigner to do this is to file for divorce using their country's laws which may not need this one year separation period. Another ground could be that your spouse is involved criminal activities.
A fairly simple divorce case in which both parties have agreed on various issues such as visitation rights, child support and alimony could take about 3-6 months. Complicated cases may take years. Divorce in Germany often does not end up in lump some payments; it prefers small payments spread over time. In a any divorce case that occurs in Germany, the right of the child are foremost protected. The laws in this country consider the legality of a child to be bound to birth. Consequently, it favours mothers to take legal custody of a child.
After a marriage agreement is dissolved, the court gives a month to allow for appeal; neither of parties can marry during this time. As you can see, that divorce in Germany can be very complicated, consequently, it very important to get good legal representation. Such an attorney should be registered to practice law in Germany. Furthermore, they should understand the language very well as well as English if you are from an English speaking country.
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