Separation year can count despite living under one roof
A married couple hesitated to spend the year of separation for the divorce in their former shared living space. However, a separation can be legally completed without one partner leaving the shared home. The Family Law Working Group of the German Lawyers' Association (DAV) refers to a corresponding decision of the Frankfurt/Main Higher Regional Court (Az: 1 UF 160/2).
In this specific case, the family continued to live together under one roof after the parents' separation. When it came to money, the former couple then fought over the separation time - this is important for the mutual information obligation regarding the separation property, i.e. the equalization of gains. The court ruled in favor of the woman regarding the man's later separation date.
The court was right. The separation is considered to have occurred when there is no longer a shared household between the spouses and at least one spouse no longer wants to maintain this household because they reject it.
Separate rooms required, but handouts are okay
However, it is not necessary for a spouse to move out, the court ruled. Instead, it is sufficient if the couple lives the maximum possible separation within the marital home, such as separate bedrooms and separate living arrangements. It is also necessary that the couple no longer maintains a common household and there are no significant personal relationships.
Individual benefits or handouts, on the other hand, do not contradict this - neither does a friendly and reasonable interaction between the parties. This applies all the more when children live in the household. The parents are obligated to behave properly towards each other for the sake of their children in processing the parental separation. The parents' behavior is essential for the children in dealing with their parents' separation.
- Regardless of the physical separation within the marital home, the issue of inheritances can still become a legal issue between the divorcing couple, especially if there are disputes over property division.
- In the context of 'Marriage for all', it's worth noting that women, as well as men, should seek the advice of a legal advisor to ensure their rights are protected during the divorce proceedings, including matters related to maintenance and judgments.
- When it comes to legal decisions about inheritances after separation, the court looks at the intentions and actions of both spouses, which can include financial support given to the wife or husband.
- Despite the legal nuances surrounding separation and inheritances, it's important for men and women to prioritize maintaining a respectful and collaborative relationship, not only for their own peace of mind but also for the sake of their children, who may be influenced by the parental separation.
