Marriage end: Five things to consider when separating

Marriage end: Five things to consider when separating

When a marriage fails, it is often a tragic event with plenty of potential for conflict. Five tips from a lawyer to avoid conflict.

Separations, especially in a marriage, can be very ugly, and there are some pitfalls that you should be aware of so that you don’t fall into them. Attorney Sandra Günther, who specializes in family, labor and criminal law, has already advised many clients at the end of a marriage. For the star She has summarised five points from her work that should be taken into account when a marriage ends:

Don’t sign anything hastily
“You should never sign a separation agreement without having it checked by a lawyer first. If in doubt, a lot of money is at stake, especially if there is a gain to be distributed. By the way: clauses in which you waive separation maintenance are invalid. You cannot effectively waive separation maintenance.”

Sandra Günther has been a lawyer for family law and criminal law with her office in Dortmund since 2007. She is co-author of the book "When love becomes toxic". Her new book "Intelligently separated" will be published in autumn

No re-dating of the month of separation
“Don’t allow yourself to be pushed back on the date of separation, even if the partner who is obliged to pay maintenance urges you to do so. Separation maintenance is available until the divorce is legally binding. So every month brings in cash.”

The marriage is over, but the children must not suffer

Children do not exploit
“Even if one partner has hurt the other, the children should be kept out of the separation drama as much as possible. That’s difficult because there are a lot of emotions involved. Above all, you should never gossip about your ex-partner or manipulate the child. There are also parent coaching programs that help parents who are at odds to communicate better with each other again.”

Observe access rights
“Children have a right to contact with both parents, it is even written into the law: Paragraph 1684 of the German Civil Code. Parents who do not provide permanent care also have a right to contact with their children. As a family law attorney, I can say that you take away a part of children’s identity when you show yourself to be intolerant of attachment.”

Comply with legal regulations
“You should refrain from insulting, threatening or even stalking your ex or even your new partner. In the long run, this can end in criminal investigations. Especially when children are involved, this behavior can have a detrimental effect on the child custody case.”

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Source: Stern

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