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Thegonnec
Thegonnec, Judge
Category: European Law
Satisfied Customers: 1344
Experience:  Judge with Paris Industrial Tribunal (Conseil de Prud'hommes de Paris)
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Hello, I want to split with my partner who has an affair with

Resolved Question:

Hello, I want to split with my partner who has an affair with another woman. We have a child of three years old and house together. He lives and works in London I work in Luxembourg and but i live in germany we all registered in Luxembourg however house is build in Germany and me and my daughter are living there.
I wish to know what the luxembourgish law tells about child care who will look after and alimony and property division. We not married.
Thx
Agnes
Submitted: 10 months ago.
Category: European Law
Expert:  Thegonnec replied 10 months ago.
If you have a child with your partner and the child lives with you in Germany, German law will apply on all matters regarding child custody.
If you are not married you write partner and not husband), no sort of alimony will be paid neither under German or under Luxembourg law. The parent having custody of the child will only receive maintenance for the child.
Property division will be based on whose name is XXXXX XXXXX property titles (deeds for real estate, invoices for other material goods). Otherwise it will be a matter of proving where the money came from.
If you are married, this would be totally different but one would need to know if which country you were married, whether you signed a prenuptial agreement or not, whether there is a discrepancy between your earnings and his....
Customer: replied 10 months ago.
The House is on both of us names but he pays the mortgage does this matter?
I'm registered in Luxembourg so as my daughter but we also are registered in Germany... Which law is more in favour for parents the lux or german also , Should I keep my child can I forbid him to keep a contac with the baby or is he entitled to see at any time even if he is not obliged to pay...
Expert:  Thegonnec replied 10 months ago.
What matters is not where you are registered but where you actually live as far as applicable legislation. The house where you live being in Germany, this will be German law. (regarding child custody).

Regarding the property of the house, it will be up to a German court to look at the deeds, down-payments made by each partner and mortgage payments made by each partners. From what you say, one would believe that your partner would get a much larger share.

You cannot prevent a father to see and keep contact with the baby, and even have shared custody of the baby if he wishes. Unless he is in a state in which a court of law believes it would be dangerous for the child.
Thegonnec, Judge
Category: European Law
Satisfied Customers: 1344
Experience: Judge with Paris Industrial Tribunal (Conseil de Prud'hommes de Paris)
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