B. Divorce Process in Germany
- Separation of at least one year; and
- The lack of mutual understanding; and
- The will to maintain a marital cohabitance.
For separation of at least one year, no separate homes are required but a separation of “Table and Bed”.
C. Jurisdiction Requirements in Germany
D. Child Issues in Germany
- Custody: The right to take decisions of certain importance (custody usually belongs to both parents even after separation or divorce).
- Care and control: The one who resides with the child (daily decisions with no further importance for the child).
- (c) Access: Both parents, usually regulated in a judicial decision or agreement of visiting rights for the parent not residing with the child.
All cases follow the same principles; the Court will try to facilitate contact and access to both parents. In cases of serious harm to the children’s wellbeing, a guardian ad litem and sometimes, a child expert may be appointed.
E. Division of Matrimonial Assets in Germany
F. Spousal Maintenance in Germany
- i. An (ex-)spouse cannot earn enough because he/she cares for the children;
- ii. The (ex-)spouse has suffered marriage related disadvantages (e.g. giving up a career because of the children);
- There is a dramatic imbalance between the income of both spouses – depending on special conditions, a Court may claim marital solidarity for some time.
Spousal maintenance is generally limited to a couple of years, depending on the duration of the marriage and the possibility to build up an independent life.
For further detailed information on international divorce, please visit our dedicated web-page at www.expatdivorce.sg