Ideally, separation or divorce is also regulated in the partnership agreement
Divorce costs increase in the following case
The calculation of the procedural value could already be over here – because other follow-up matters such as maintenance, custody, contact, apartment allocation, asset allocation do not have to be negotiated in court. But if this is necessary because you cannot come to an agreement yourself, the value of the procedure increases – and with it the divorce costs.
These items could be added in this case:
Maintenance: plus twelve times the required amount, care and access rights: plus 20 percent of the value of the procedure (maximum 3,000 euros) Married apartment: plus twelve times the monthly rent, sharing of household items: plus the specified value of the entire common household items
If, on the other hand, everything goes by mutual agreement, so if you both agree that you want the divorce and can arrange everything else between yourself, it will usually be cheaper. However, the so-called settlement fee that the lawyer receives when concluding a settlement is higher than the lawyer’s fee in court.
It is also sufficient if only the person who files the divorce petition takes a lawyer and you share the costs. It is best to use an online calculator to calculate your individual costs.
Divorce: That will happen between the car and the apartment
If you want to know exactly
The costs for a lawyer consist of:
Procedural fee, appointment fee, allowance and VAT.
The lawyer receives the procedural fee for representing you in court. So, for example, you pay for preparing the proceedings and filing for divorce. The appointment fee is charged for the attorney attending the divorce appointment and out-of-court meetings.
The rate for the procedural fee is 1.3 times the simple fee rate set out in the Lawyers’ Remuneration Act (RVG); the rate for the appointment fee 1.2 times this. What that means specifically in euros depends on the amount in dispute.
Example: Assuming the procedural value results in a simple fee of 800 euros, the procedural fee would cost you 1,040 euros (1.3 x 800 euros) and the appointment fee 960 euros (1.2 x 800 euros).
The flat-rate expenditure – for postal and telecommunications services – is 20 percent of the legal fees, but not more than 20 euros. Then there are the court costs. Here, twice the simple fee rate applies. The VAT does not come on top.
Example: Assuming the procedural value results in a simple fee of 400 euros, you would have to pay court costs of 800 euros (2 x 400 euros).
The following table shows possible lawyer and court costs depending on the value of the procedure in the case of a consensual divorce:
Litigation value up to attorney feesCourt feesTotal € 5,000 € 925.23 € 292.00 € 1,217.23 € 10,000 € 1,683.85 € 482.00 € 2,165.85 € 13,000 € 1,820.70 € 534.00 € 2,354.70 € 16,000 EUR1,957.55 EUR586.00 EUR2,543.55 EUR25,000 EUR2,368.10 EUR742.00 EUR3,110.10 EUR30,000 EUR2,591.23 EUR812.00 EUR3,403.23 EUR50,0003. 483.73 euros, 1,092.00 euros, 4,575.73 euros, 95,000 euros, 4,242.35 euros, 1,812.00 euros, 6,054.35 euros, 110,000 euros, 4,495.23 euros, 2,052.00 euros, 6,547.23 euros
Who pays for a divorce?
In general, the court costs are borne equally by both parties, the legal fees are borne by everyone. If there is only one lawyer, you can agree to share these costs as well. Otherwise, the applicant bears all of their own legal fees.
If one of the partners earns above average and the other little, the better-off has to bear the process costs of the other side (process cost advance). In this case, as a high-income earner, you should think twice about whether you are unnecessarily prolonging the dispute over maintenance payments, for example.
Separation: Who has to pay how much maintenance?
When do I get legal aid?attention grabber examples for argumentative essay
If you are low on earnings and have low net worth, you can let the state pay. Legal aid is the keyword. The same applies if you are unemployed, receive Hartz IV or social assistance. You apply for legal aid at the responsible family court.
You must enclose some documents with the application, such as proof of income and debts, the most recent Hartz IV notification or a copy of the rental agreement. If legal aid is granted, the state treasury will cover your legal and court costs. No matter how long it takes.
If your partner earns above average, but you don’t earn much yourself, there is also the means of the process cost advance (see above). Then the better off has to bear the costs of the other side. In both cases, it does not matter who applied for a divorce.
What tips can I use to save money?
It will be cheaper if only the spouse takes a lawyer who files the divorce petition – and the spouses agree to share these costs. In Germany, however, it does not work entirely without legal assistance.
The duration of a negotiation can also cost money. Therefore, try to agree on the most important things in advance – without a lawyer. Even during the trial, you should try to discuss minor details without a lawyer.
Pay legal fees in advance
The delivery of the divorce petition is an important deadline. Because: The assets that the spouses have at this point in time must be shared.
Those who submit the application know this date – and can pay the expected legal fees in advance. Then your assets will be reduced by the amount of the legal fees paid. And: If the applicant is obliged to compensate, he has at the same time shared half of his legal fees with the other side.
Not only the applicant, but also the other party can pay the divorce costs in advance. You should, however, have a good understanding of the partner’s next steps.
Arrange child support free of charge
If you agree on who pays how much maintenance (this is basically regulated by the Düsseldorf table), you do not need to have this anchored in court. A free youth welfare office certificate serves the same purpose. You can save several hundred euros at the same time.
Post-marital alimony: who has to pay and how much?
Think through the marriage contract wisely
Anyone who concludes a marriage contract as a precaution should consider whether certain things are excluded from the property equalization. Because if a partner owns a practice or law firm, there is a long argument about its value. That makes the costs for the attorney or attorneys go up.
However, when it comes to maintenance issues, you should exclude as little as possible in the written agreement. The clauses could quickly become immoral and thus invalid.
By the way: A marriage contract can be concluded not only before but also at any time during the marriage. However, if the relationship is already coming to an end, you should be careful when entering into contracts.
Splitting wedding favors
There are often many and sometimes valuable gifts for the wedding. But who owns what if it was addressed to both? The general rule here is that what can be used jointly is also considered to be jointly owned. The reverse is usually also true, but not always.
Take, for example, expensive gold jewelry that was given to a couple for their wedding and worn by the wife during the marriage. This has no inescapable right to the jewelry. Because this can be classified as a joint investment due to the gold content. Then the value is determined and must be divided between the two.
Our tip: If, in the event of a divorce, you can subsequently have confirmation that a gift was intended for you, you can keep the item.
How long does a friendly divorce take?
That depends on whether there is an equalization scheme. If you do without him – which is only possible in exceptional cases – a divorce usually lasts a maximum of four months. With pension adjustment, the duration increases to up to twelve months.
Can I deduct divorce costs for tax purposes?
No. Since 2013, you can no longer deduct litigation costs – including the costs of divorce proceedings – as an exceptional tax burden. This was confirmed by the Federal Fiscal Court (BFH) with a decision of May 18, 2017 (BFH VI R 9/16).
Divorce and alimony: deduct costs from tax
Are you allowed to deliberately reduce your assets in the year of separation?
No. In the year of separation – i.e. the year that you must at least live separately before you can file a divorce petition – everyone can continue to dispose of their assets, but deliberate reduction in assets is not permitted.
If it shrinks to the point of a divorce petition for no comprehensible reason, one pretends for the division of assets as if it were still there. If in doubt, it is then included in the compensation calculation.
Our tip: Make a list of your assets at the beginning of the year of separation.
What are the rules for homeowners?
A property belongs to everyone in the land register – usually both partners. It no longer matters whether the house was actually financed by one side at the time. When you move out, you can sue for a so-called compensation for use. As a rule, however, this can only be done after the end of the year of separation at the earliest.
If the house was brought into the marriage and the partner was not entered in the land register, he may still be able to continue living there. To do this, he has to prove that he is existentially dependent on the use – in extreme cases for five years.
In general: The value of the house is calculated at the time of separation, both are entitled to half. Either one partner pays the other or it is sold and the proceeds shared.
What should self-employed pay attention to?
It can be tricky with the self-employed. Both the amount in dispute of the divorce and any maintenance are based on the net income. While salary information is relatively easy to obtain for employees, this information can hardly be checked for the self-employed.
The last tax assessment is used as a reference point. If you suspect your self-employed ex-partner is stating far too little profits, you should prove this in as much detail as possible – for example by giving details of his lifestyle, which can only be possible through higher income.
Our tip: Partners of the self-employed should pay attention to unusual and high depreciations from the year of separation, which reduce the income of the partner to be taken into account in a divorce.
With a breakup, business together is also history in some cases. Ideally, separation or divorce is also regulated in the partnership agreement. If this has not happened, there are only three options:
one business partner pays the other, the company is sold and the profits shared, the company is dissolved
The last option, however, would be the worst solution, because in this case both of them go away empty-handed.
Can you get divorced online?
That’s fine. They are just as legally recognized as traditional divorces. Many lawyers now offer divorce petition forms online on their websites.
An online divorce works particularly well if the ex-partners were able to arrange everything in advance and there is no longer any argument. Even if one of the partners has moved to another country, an online divorce may be an option. Then the partner living abroad does not even have to appear in court in person.
However, one disadvantage of this type of divorce could be that you cannot get a personal picture of your lawyer. If you contact a lawyer with whom you are not satisfied, this can lead to significant additional costs.
Sources used: Johannes Büchl’s own research interview with Sevtap Oygün, specialist lawyer for family law for t-online.de
Berlin / Hamburg (dpa / tmn) – The low interest rates don’t just annoy savers. They are also increasingly causing problems for insurers. Which has led some of them to transfer their life insurance holdings to other companies.
From January 2021: These health insurances increase the additional contribution New resolution: Costs for courts and lawyers increase Insurance coverage: Liability policy is essential Stiftung Warentest: Basic account is often expensive Christmas in lockdown: Quick gift: Pay attention to deadlines for vouchers
That stirs up fears among customers. Many are asking: to get out of the contract or not? The General Association of the German Insurance Industry (GDV) in Berlin weighs in: "Policyholders have no reason to terminate"says GDV consumer expert Mathias Zunk.
Run-off has rarely occurred up to now
According to the GDV, there has been a portfolio transfer, a so-called run-off, from life insurances to another insurance company in Germany since 2014. "There is talk of an insurance company in run-off when the company no longer engages in new business, for example because it no longer pays off for them", explains Zunk.
In addition, according to him, there have been six company sales by life insurance providers to external processing companies in the past six years. Neither the portfolio transfer nor the company sales have any consequences for policyholders. "The insured receive all guaranteed benefits, especially the guaranteed capital and pension payments", so Zunk. In addition, customers will continue to participate in the surpluses that arise.
So no need to panic? Kerstin Becker-Eiselen from the consumer center in Hamburg advises prudence. From their point of view it is right to review the contract in the event of special events such as a run-off. Under certain conditions it can pay off to terminate the contract. "But you can only warn against premature termination"says Becker-Eiselen.
Many save for a financially carefree retirement – and take out life insurance when they are young. From the point of view of the Hamburg Consumer Center, however, such a policy is not a suitable old-age provision product. "First of all, life and pension insurance are not transparent", thinks Becker-Eiselen.
The so-called guaranteed interest does not refer to the contributions paid – but to what remains after deducting the costs. "However, the costs are usually extremely high", so the consumer advocate.