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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11478
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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Can the petitioners proposal to divide known assets, not in

Customer Question

Can the petitioner's proposal to divide known assets, not in dispute and accepting that NOT all known assets are stated because the opposing party has not presented her's by the due date,
1) cancel out, without any further action, any other motions the party submitted that listed additional assets that are known to longer exist and
2) is this proposal understood to be an act of positive intent to move for a resolution to the case in a fair and equitable manner or is this out of correct protocol and frowned upon?
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.
Dear Customer,

Thank you for using Just Answer


Of course this is possible. You can always agree on less but of course it is a risk for the party who has no full knowledge of the other party's assets


Yes the Assets that do not longer exist can be cancelled out.


This act is by no way frowned upon but everybody is glad that the conflict is not going on and on



So it is considered as a reasonable act of reconciliation
Customer: replied 1 year ago.

How is the distribution of assets finally decided? Does the judge or does German law or do the opposing parties "determine" how the agreed upon assets are divided?


 


If the parties must decide and one party does not agree to anything but "more", is the case left unresolved until someone finally gives in?

Expert:  legal eagle replied 1 year ago.
Dear Customer,

if the parties agree on a decision this comes frist and the court does not have to decide anymore


Ir the parties do not agree and the case is brought to court the court has to decide
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11478
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and other German Law Specialists are ready to help you
Customer: replied 1 year ago.

If the opposing party does not participate in the process of turning in an accounting of assets for specific dates related to the divorce, what happens? a) can the case go on for ten years, b) can it be filed as an unresolved case, c) other answers

Expert:  legal eagle replied 1 year ago.
Dear Cuatomer,


there are no unresolved cases in civil law like a cold case im criminal law



It lterally can go on for years and years
Customer: replied 1 year ago.

Please clarify my question below, I don't yet understand.


You say: "if the parties agree on a decision this comes first and the court does not have to decide anymore. Or the parties do not agree and the case is brought to court, the court has to decide."


also


"there are no unresolved cases in civil law like a cold case im criminal law. It lterally can go on for years and years."


 


My question: Say the case is in court. You mean the dispute can go on for years if one party does not turn in an accounting of assets? Do we HAVE TO WAIT and WAIT for the opposing side to turn in an accounting of assets before moving forward?


OR can the party who turned in an undisputed accounting of assets say, "stop - Let's split what I have listed here even though the opposing side has not fully participated."?


 


ANd is it then that if the opposing party cannot agree with a way to distribute assets, the court can step in and issue a ruling on how the assets will be distributed?


So the court can move to help bring an end to the divorce case if there is one party who is willing to divide the assets that are before the court?


 

Customer: replied 1 year ago.

I sent this but it came back with no response. I'll try again. Please clarify:


You say: "if the parties agree on a decision this comes first and the court does not have to decide anymore. Or the parties do not agree and the case is brought to court, the court has to decide."


also


"there are no unresolved cases in civil law like a cold case im criminal law. It lterally can go on for years and years."


 


My question: So the case is in court. You mean the dispute can go on for years if one party does not turn in an accounting of assets? Do we HAVE TO WAIT and WAIT for the opposing side to turn in an accounting of assets before moving forward?


OR can the party who turned in an undisputed accounting of assets say, "stop - Let's split what I have listed here even though the opposing side has not fully participated."?


 


ANd is it then that if the opposing party cannot agree with a way to distribute assets, the court can step in and issue a ruling on how the assets will be distributed?


So the court can move to help bring an end to the divorce case if there is one party who is willing to divide the assets that are before the court?

Expert:  legal eagle replied 1 year ago.
Dear Customer,

Speckes the amount of one' assets is a Duty once the Case is beforr court.

So the court can set vertaub time limits.

But even them. the Case can go on and on if there are a assets Left out, the value of the assets is not agrreed upon which requires Time- consuming and cotsly expertises ans so on.


If there is nö agreement the Court will step in a decide what is diveded

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