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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11525
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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I have received a summons to the divorce hearing in Germany.

Resolved Question:

I have received a summons to the divorce hearing in Germany. I have been informed that to be represented in court I must appoint a German lawyer. My soon-to-be-ex is from Bulgaria and now lives in Germany; I am a British citizen and live in the UK. We have been married for 8 years; the first 4 years in the UK, and the second 4 years we have been separated (soon after she moved to Germany). I have no desire to contest the divorce.

My concern about the divorce is that in the course of the marriage we borrowed approximately £40,000, which was used exclusively to pay for my ex-wife’s education and qualifications necessary for her to get work, to pay to move to Germany, furnish an apartment etc. (at the time it was expected that I would follow her to Germany). All the borrowing was in my name only, and I am left paying the bills while she lives in an apartment I furnished!

Much of this borrowing was from my family, so there is little in the way of formal documentation. I have no assets, however when we were married she had some land in Bulgaria. As a consequence of a deal with developers, she now owns two apartments on this land, which are worth significantly more than the debt we accrued. I have previously asked for her to contribute to half of the debt, but this has been ignored. I do not wish to claim her assets just because I can, but I do feel very strongly that I have been taken advantage of, and would like at least half of the debts to be paid for by the person who benefitted from them.

I have the following questions :

1 – How expensive will it be to hire a German lawyer for the case?
2 – Do I have sufficient grounds to apply for a financial settlement under German law (i.e. force sale of some of my ex-wife’s property to pay back costs incurred in the marriage)?
3 - Do I have to go to the divorce hearing?
4 - What will happen if I do not go?

Many thanks,
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.

Dear Customer, thank you so much for cOming here to this site. Could you scan the motion fpr divorce and mail it to me ?

 

German jurisdiction seems a bit akward

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


as you have never lived in Germany together and no one is a German citizen I doubt that German divorce law is applicable at all

So I need to see the motion for divorce
Customer: replied 1 year ago.

Thank you. I have sent the documents the court has sent to me. The court seems to believe that German Law is applicable to the divorce, and intends to dissolve the marriage. Please let me know if you have any difficulties reading the documents.


 


Best regards,


Gordon.

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


did you send the documents to


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


thank you for your response.

In your case German KLaw seems to be applicbale.

This means:

If you do not want to constradict the divorce you do not need a lawyer.

If hoever you should decide to take a lawyer it is going to cost you the legal fees which depend on how much is your combined income.

Most divorces are between 1,500 and 2,000 Euros.

If you want a divison of assets however a lawyer is mandatory.

You have to file a motion for that.

For this however German Law is not applicable as German Law is only applicable for the divorce.

For division of assets English Law is applicable if you have been living together in the UK

If you cannot go to the divorce hearing phone the court.

Maybe it is possible to organize a hearing before a court in Engalnd.


legal eagle, Attorney
Category: German Law
Satisfied Customers: 11525
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and 4 other German Law Specialists are ready to help you

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