Although this is not a common option in Germany, some couples may prefer to settle their separation through divorce mediation, as this avoids having to go to court. A qualified and independent mediator will help the couple find an amicable solution for asset sharing and other issues. This first trial can last up to six months, and once completed, you will receive a divorce date. You, your spouse and your lawyer must appear on that day. The length of the divorce proceedings depends on how long the marriage took, whether you and your spouse agree to the distribution of the assets and the amount of money involved. Important: You can file for divorce just before the end of the year of separation, as it usually takes a few months for the court to pass a divorce decree. You must prove that you actually lived separately for one (or three) years. The year of separation begins immediately after the couple`s separation economically and physically, i.e. when your bank accounts are no longer together and you no longer live in the same apartment.
If an extract is not possible and you must live together during the year of separation, you must have separate rooms and live independently of each other. If your partner does not agree with the separation, it is recommended that you send a recommended letter (“recommended letter”) in which you declare your divorce decision and keep the receipt from the post. The effectiveness of a layoff is quite high. The burden of proof rests with the employer and workers can challenge a dismissal in court. To be effective, the claim must be filed within three weeks of receiving the termination. If the case is not resolved, the court can only decide whether the termination is effective (for sufficient reasons) or not. When the dismissal takes effect, the employment ends at the end of the notice and the employee is not entitled to severance pay (unless there is a social plan or collective agreement providing for severance pay). If the dismissal is not effective, the employee must be reinstated to the previous position and is entitled to pay from the end of the notice period. In Germany, pre-formality and aary agreements are legally binding if they comply with formalities and are not unfair or immoral. An agreement is applicable if these conditions are met. In Germany, fathers and mothers enjoy exactly the same rights. As a general rule, this shared custody for married couples continues after separation and divorce.
It is rare for shared custody to be lifted and custody of a parent granted. Z.B. in the other parent who has serious drug problems. If the parents cannot accept who the children must live with after the separation, it is up to the family court to decide on this issue. She would then transfer the right of residence to one of the parents. The right to housing is only one part of a parent`s many freedoms. Therefore, the other parent is always in a good place to make decisions regarding health, education, property conservation, religious education, etc.