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legal eagle, Attorney
Category: German Law
Satisfied Customers: 11765
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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German Ehevertrag & Scheidung

Resolved Question:

I would like to know the legal meaning of my Ehevertrag. Both my husband and I had very little which we brought into the marriage. He says what he's accumulated belongs to him and I say what was accumulated during the marriage belongs to both of us. Which meaning is correct. I am contemplating divorce and would like to know more about my situation.



We are married under German law in Bergen (Niedersachsen). I am looking for the actual marriage certificate to forward to you. 


 


I am South African and he is German. We have a 26 year old daughter (German).


 
Ich kann auch in Deutsch korrespondieren. Danke

Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.
Dear Customer,

Thank you so much for coming here and asking your questions

Let me just clarify

Ehevertrag means a prenup

For this you have to go to the Notary

Your marriage certificate just means that you are married

If you do not have a prenup you have a so- called Zugewinngemeinschaft

This means that what you both have accumulated during your marriage is compared and who has accumulated more has to give the other spouse half of what he has more


For example


Husband : begin of marriage. 20,000
end of marriage. 80,000

Wife : Begin of marriage 10,000
end of marriage. 40,000


So the husband has accumulated 60,000 and the wife has accumulated 30,000

So the husband has accumulated 30,000 more and has to give the wife half of it, i.e 15,000

Of course this is just a rough calculation.


I hope I was able to help

Should you have further questions please do not hesitate

If I have helped I would very much appreciated getting a positive feedback

This is how I get credit for my work

Thank you

Your business means a lot to us
Customer: replied 1 year ago.


Yes with Ehevertrag I meant a prenup. Can you explain the prenuptual contract to me please.

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



for this I need to have a look at your prenup


Could you mail it


ClaudiaMarieSchiessl( at) googlemail(dot)com
Expert:  legal eagle replied 1 year ago.
Dear Customer,

Thank you for your response.

The abovementioned calculations are not applicable in your case as you have separation of property.

This means that everybody gets to keep what he has , regardless of the fact whether it has been accumulated during the time of the marriage



I hope I was able to help

Please feel free to ask should you have any further questions
Expert:  legal eagle replied 1 year ago.
Dear Customer,

Should you have any more questions please do not hesitate to ask

If I have helped I would very much appreciate getting a positive feedback as this is how I get credit

Thank you
Customer: replied 1 year ago.


Thank you for clarifying that. In the case of a divorce, what do I get from my husband other than my legal share of his pension? What happens to the furniture and contents of the house for example?



Although I ran my own little business for some time, I was never allowed to make money as my husband and his accountant told me that it would amount to nothing as it would get added onto his already high income tax bracket. My little business was therefore called my hobby!


My husband is a doctor in private practice. Our house is in his name.


I am now 61. Would he be obliged to support me after a divorce?


He is presently supporting me as I am now more in South Africa than in Germany. Would this continue after a divorce? He does not want a divorce, although he has had a girlfriend for the last 5 or 6 years. He says I'll be worse off if I divorce him than if I stay married with his present financial support.


 


Could you advise me on this - thank you.

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


no one of you gets a share of the other one´s assets.


Pension schemes are split in half

So you get half of the pension your husband aquired during marriage and he gets half of yours.

Sounds silly but this is the law...


He has to support you after separation and after divorce

Support after separation is far more generous than support after divorce which can be terminated

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


have you got any further questions ?


Please be my guest.
Customer: replied 1 year ago.

Yes one more: what about the household contents? Does that get shared in the case of divorce? Or could I ask for a pay out?


I think that is all - thank you for the information you've given me. It does assist me in my decision.

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


thnak you for your response


The contents of the household are a different matter altogether

They do not have anything to do with who has accumulated what but the household contents are split in half , mostly by mutual agreement


If a mutual agreement is not possible the cour must decide
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11765
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
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