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a.merkel
a.merkel, Rechtsanwältin; LL.M. Eur.
Category: German Law
Satisfied Customers: 1605
Experience:  1.+ 2. Staatsexamen; LL.M.(Master of Law)
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Hello, After meeting my husband in 2005 and marrying in Germany

Resolved Question:

Hello,
After meeting my husband in 2005 and marrying in Germany in 2008, we split up in April 2012. We have one child. Throughout our relationship he worked on a project which sucked all of our money and eventually left us in financial ruin. That is one of the main reasons for breaking up - the financial and emotional stress along with the uncertainty was too great to bear. He has since continued with his project which may finally go online this year. He expects it to make a lot of money. He is also asking for a divorce. After struggling so long due to his project I am not willing to divorce without some kind of settlement. Am I entitled to anything? Should I wait until his project is making money? Is it too late to ask for anything? Or should I just cut my losses and run? Please help!
Submitted: 1 year ago.
Category: German Law
Expert:  a.merkel replied 1 year ago.

a.merkel :

Dear Customer,


thank you for using Just Answer.


 

a.merkel :

I will answer your question based on your data.

a.merkel :

Do you have no marriage contract, so the asset compensation law is important.

a.merkel :

In Germany applies the Zugewinnausgleich (equalisation). This means that the assets of the spouses is separated. So, it is not automatically shared assets of both spouses with marriage. A compensation for the assets acquired to takes place.For this are capable of starting and final asset compared. The differential forms the basis for the compensation.

a.merkel :

The financial compensation is higher, the higher is the final assets to the initial asset.

a.merkel :

For this reason you should wait with the divorce, until the company is profitable.

Customer:

Thanks for your answer. Is it possible under German law to refuse a divorce and if so, for how long? Or can he divorce me anyway without my consent? Someone told me that after being separated for over 1 year, it is possible to divorce even if one party is not willing.

a.merkel :

No. A divorce without consent is possible after 3 years of separation, § 1566 subsection 2 BGB.

a.merkel :

Do you have some further questions?

a.merkel :

if not, please you rate me positively, by clicking on the smiley face. Thank you!

Customer:

Hello,

a.merkel, Rechtsanwältin; LL.M. Eur.
Category: German Law
Satisfied Customers: 1605
Experience: 1.+ 2. Staatsexamen; LL.M.(Master of Law)
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