Do you live with your partner, be it with or without a marriage license, in an apartment and want to bring about the separation by moving out?
Then use the right strategy as divorce lawyers often say, because you rarely get a second chance.
How to be careful?
From my many years of advising on family law, I know that the partner who remains in the previously shared apartment very often immediately changes all the relevant locks of the apartment after the other partner has moved out, so that the partner who has moved out has no chance against your will to return to the previously shared apartment to get more things.
Therefore, you should plan your move out carefully and take all of your personal belongings and everything you mean from the common household effects with you in one “action”. Do not forget your personal documents, bank and insurance documents, tax documents, as well Bring the family register or at least the marriage certificate, etc.
If you lay claim to items that are still in the previous shared apartment, but which your former partner does not voluntarily give away, you then only have two options: either you do without them or you have an often protracted out-of-court or judicial dispute Handover or transfer of household items. Both are often unsatisfactory in terms of the result, as practice shows.
If you have any questions on this topic, I will be happy to advise you: contact Right lawyers Las Vegas now.
Make a maintenance agreement as part of a separation or consequences of divorce agreement
Maintenance issues are only part of the process when you split up and a divorce is imminent. Most of the time, questions of profit compensation and pension compensation, the marital home or the distribution of household items also have to be settled. It should also be clarified who is responsible for obligations arising in the marriage or who is continuing the existing lease. It makes sense to settle all of these questions out of court in a separation or the consequences of divorce agreement.
Notarial certification is particularly recommended when financial aspects are regulated. With the notarial certification you also ensure that you create clear relationships from the outset and that both spouses know where they stand. In the course of the divorce proceedings, you do not risk the spouse suddenly developing different ideas as to how he or she would like the rights or obligations arising from the divorce to be regulated differently from previous agreements.
Child support agreements
To the extent that you enter into a child support agreement for your minor child, you are acting as your child’s legal representative. If joint custody continues after the separation or divorce, the parent with whom the child lives is entitled to represent the child (Section 1629 (II) BGB).
In the ideal case, the parent who is obliged to pay maintenance presents to the youth welfare office and recognizes their maintenance obligation for the child in a youth welfare office document. Such a youth welfare office document is also enforceable in the event that the dependent parent does not pay child support. A notarial certification is not necessary in this respect.
What are the advantages of a maintenance agreement?
With an agreement on child support you can quickly create clear relationships and avoid an often unnecessary maintenance process. The Düsseldorf table is the basis for determining child support.
If you make an agreement on separation maintenance, you can ensure your livelihood by mutual agreement based on your previous standard of living and your income situation. If, on the other hand, you let it come down to a legal dispute, you would have no money at the beginning, especially after the separation, and would have to rely on the family court to come to a decision at some point. Since separation maintenance is owed for the period of your separation and possibly until the end of the separation year, an amicable settlement offers both partners a better perspective than having to deal with the maintenance in court.
If you regulate the maintenance of the spouse after the divorce, determine by mutual agreement the reasons related to the marriage (e.g. child care, illness, unemployment, education). In addition, it can be regulated in what amount the maintenance should be paid and whether the maintenance should be limited in time.
If, among other things, the question of maintenance is also settled, you create the best conditions to manage your divorce in mutual agreement with your spouse as a consensual divorce. Only a consensual divorce guarantees that you will be divorced inexpensively and within a reasonable time frame. Above all, you avoid getting into a mutual war of nerves and not knowing on both sides for months or years what your rights and obligations resulting from the divorce will really be. This lingering uncertainty alone is a burden that if you compromise by mutual agreement, you can avoid it.
Do you need a lawyer for a maintenance agreement?
Maintenance agreements are sometimes complex contracts. The prerequisite is that you know the relevant legal basis. Agreements in the dark and at your own discretion seldom have legal validity when it comes down to it. Especially if the maintenance agreement is part of your separation and consequences of divorce agreement, it is almost necessary to include the question of maintenance in the regulation of the rights and obligations of the spouse.
In addition, the maintenance is based on the income and financial situation of both spouses. In this respect, you are instructed to know exactly the income and financial circumstances of your ex-spouse and to assess them in terms of maintenance law. If the dependent partner refuses any information, you have a statutory right to information, but you are dependent on asserting this in the correct form. Legal support appears to be indispensable in this respect.
Your lawyer will then draft a maintenance agreement based on your family and economic circumstances. You can regulate other rights and obligations as required. You then have the draft notarized, which you then agree with your spouse. In principle, you could go straight to a notary and have the agreement notarized there. To do this, however, you need to know that notaries do not represent the interests of the parties and that you are not allowed to advise you individually. Individual advice tailored to your interests is only guaranteed by lawyers.
All in all
A maintenance agreement is a great way to avoid potential disputes and save yourself a legal battle. Since maintenance issues are largely regulated in the law, it is not always really expedient to let the family court decide and thus give up your own decision-making authority. Experience has shown that you will achieve better results with a private maintenance agreement than if you let the court decide. Feel free to contact me to discuss your maintenance concerns.