The legal consequences of divorce
Divorce can have significant legal consequences, affecting not only the end of the marriage, but also the financial and family situation of those involved. In this blog post, we would like to provide an overview of the legal consequences of divorce and highlight the most important aspects. We will deal with the division of marital property, maintenance obligations after divorce, custody and access rights for joint children, entitlement to post-marital maintenance and name changes after divorce. This information is relevant for anyone who is considering divorce or is already in the process. It is important to be aware of the legal consequences and, if necessary, to seek professional advice in good time.
Introduction to the legal consequences of divorce
Divorce is a drastic turning point in the life of every couple. However, in addition to the emotional aspects that go hand in hand with a separation, there are also a number of legal consequences that need to be taken into account. One of these legal consequences concerns the division of marital property.
The division of marital property can be very complex, especially if the marriage has lasted a long time and joint purchases have been made. Real estate, savings, shareholdings and other assets must be taken into account and divided fairly.
Another important aspect is the maintenance obligations after the divorce. Depending on the financial situation and any children, there may be numerous maintenance claims that need to be settled as part of a divorce.
Custody and access rights for joint children are also an elementary part of the legal consequences of a divorce. The aim is to find the best possible solution for the welfare of the children and to take into account the rights of both parents.
Division of marital property
Introduction to the legal consequences of divorce
The division of marital property is an important step in divorce proceedings. According to § 1361 BGB, the spouses are entitled to an equitable distribution of assets upon divorce. This applies both to assets acquired during the marriage and to assets that existed before the marriage.
It is important to note that not only tangible assets, but also intangible assets such as pension entitlements, life insurance policies and claims from other contracts must be taken into account. Accurate valuation is essential to ensure fair distribution.
In the event of a dispute over the division of marital property, it may be advisable to consult a lawyer who specializes in family law. They can represent their client’s interests and help to reach an amicable or court settlement.
Ultimately, the division of marital property is a complex process that requires careful consideration and, if necessary, legal action to take into account the claims of both spouses.
Maintenance obligations after divorce
After a divorce, maintenance obligations arise that affect both the spouse and the joint children. The maintenance obligation towards the former partner is regulated by law and must generally be paid in the form of monthly payments. Various factors, such as income, living conditions and the duration of the marriage, play a role here. Another form of maintenance is child maintenance, which takes into account both the needs of the child and the financial situation of both parents. It is important that maintenance is paid regularly and in an appropriate amount to ensure the child’s welfare.
The maintenance obligation can vary depending on the financial situation and changes in the living environment. It is possible that the amount of maintenance will change over time and will need to be adjusted. There is also the possibility that the debtor is unable to meet their obligations for various reasons. In such a case, a legal review and, if necessary, an adjustment of the maintenance payments may be necessary.
It is important that maintenance obligations after divorce are taken seriously and fulfilled conscientiously. Both the spouse and the children are entitled to financial support to cover their living costs. In the event of ambiguities or disputes regarding maintenance obligations, it is advisable to contact an experienced family lawyer to clarify legal steps and find an amicable solution.
Overall, the obligation to pay maintenance after divorce is a sensitive issue that requires a fair and appropriate settlement. Through open communication and consideration of individual needs, a fair agreement can be reached that keeps the well-being of all parties involved in mind.
Custody and access rights for joint children
Custody and access rights for joint children is an important aspect that needs to be clarified in the event of a divorce. This concerns parental responsibility for the children and the question of how contact with the children is regulated after separation.
Custody includes parental decision-making authority in all matters concerning the child. Ideally, joint custody should be maintained even after the divorce, as it is important that both parents are involved in decisions concerning the child.
The right of access regulates how the non-custodial parent may see their child. Even if the parents separate, it is important that the child can continue to have a relationship with both parents. Access rights are therefore of great importance for the child’s well-being and development.
In the event of a divorce, it is important that both parents work together constructively in the best interests of the child and find a sensible arrangement with regard to custody and access rights.
Entitlement to post-marital maintenance
Entitlement to post-marital maintenance
The entitlement to post-marital maintenance is an important aspect after a divorce, especially if one spouse was not or only partially employed during the marriage. In many cases, there is an entitlement to post-marital maintenance in order to protect the financially weaker partner after the divorce.
There are various criteria that are relevant for determining post-marital maintenance. These include the duration of the marriage, the financial situation of both partners and the upbringing of children. The maintenance claim can be temporary or permanent, depending on the individual circumstances.
It is important to note that the entitlement to post-marital maintenance is not automatic, but must be examined and determined on a case-by-case basis. Qualified legal advice is therefore essential in order to assert your own claims.
In the event of a divorce, it is therefore advisable to contact a lawyer at an early stage in order to be informed about the possibilities and requirements for post-marital maintenance and to be able to act in good time.
Name change after divorce
After a divorce, one of the persons concerned can decide whether or not to change their surname. In Germany, both spouses are free to decide whether or not they wish to adopt a new name. The name change can be requested either during the divorce proceedings or afterwards. It is important to note that the name change is not automatic, but that a formal application must be made to change the name.
The decision as to whether or not to change the surname after the divorce depends on personal circumstances. Some people choose to take back their original surname to symbolize a clear separation from their former spouse. Others choose to keep the name, especially if they have children and don’t want to change their marital status.
If a person decides to change their surname after divorce, they must submit an official application to the registry office. This application must be properly completed and submitted, and certain documents such as the marriage certificate and divorce certificate may also be required.
It is important to be aware that the name change can also affect other documents such as ID cards, passports, driving licenses and credit cards. It is therefore advisable to obtain detailed information in advance and, if necessary, make the necessary adjustments in good time to avoid any potential inconvenience.
Frequently asked questions
What are the legal consequences of divorce?
The legal consequences of a divorce include the legal consequences resulting from the end of a marriage, such as the division of marital property and maintenance obligations.
How are marital assets divided after a divorce?
The marital assets are divided according to the principles of equalization of accrued gains, whereby the accrued gains acquired during the marriage are divided equally.
What maintenance obligations exist after the divorce?
After the divorce, there may be maintenance obligations for the spouse and/or joint children, depending on the individual financial circumstances and needs.
How are custody and access rights for joint children regulated?
Custody and access rights for joint children are usually regulated by the family court, with the best interests of the child being paramount.
Is there a claim to post-marital maintenance?
There may be a claim to post-marital maintenance if one spouse is in financial difficulties and is unable to support themselves.
Can you change your name after divorce?
Yes, you can change your name back to your birth name after the divorce if you wish.
What are the legal consequences of a divorce with regard to assets?
In the event of a divorce, the marital assets are divided according to the rules of equalization of accrued gains, whereby the accrued gains acquired during the marriage are divided equally.