Geschiedenenunterhalt beim Gericht beantragen
Inhalt
Begriffe im Kontext
- Leben in einer binationalen Partnerschaft, auch einer gleichgeschlechtlichen Partnerschaft (Eheschließung, zivile/eingetragene Partnerschaft, Trennung, Scheidung, Güterrecht, Rechte von Lebenspartnern)
Fachlich freigegeben am
Fachlich freigegeben durch
- §§ 1569 et seq. German Civil Code (BGB)
- § Section 111 No. 8 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for family disputes
- § Section 112 No. 1 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for family disputes
- § Section 113 (1) of the Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG - German Act on Proceedings in Family Matters and Matters of Voluntary Jurisdiction) for family disputes
- § Section 114 (1) of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for family disputes
- § Section 231 (1) no. 2 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for family disputes
- §§ Sections 232 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) on Jurisdiction and Obligations of the Parties to Provide Information
If you and your former partner are legally divorced and you are unable to support yourself, you can ask your partner for reasonable maintenance.
If you are unable to reach an agreement with your divorced partner on an appropriate amount of maintenance, you can assert your divorced maintenance claim in court. The course of such court proceedings is essentially based on the rules applicable to civil proceedings.
The claim for divorced maintenance ismeasured for the maintenance facts included in the law according to the recognized principles of maintenance calculation, which fill in the undefined legal terms of the maintenance law. For details, please contact a lawyer.
Further information can also be found in the maintenance law guidelines of the higher regional courts.
In principle, you and your former sp ouse are initially obliged to provide for your own maintenance on your own responsibility after the divorce. If you are unable to do so after the divorce, you can assert a claim for maintenance in accordance with the statutory provisions, provided the following conditions are met:
- the spouses are legally divorced,
- thereis a legal requirement for maintenance, e.g. maintenance due to child care, old age, illness, unemployment.
- Entitlement existed at the time of divorce
- Need according to the marital living conditions
- You must be needy. (Your income and your payment obligations as well as the obligation to your own gainful employment are decisive here).
- the claimant or the respondent must be able to pay.
- For details, please contact a lawyer.
An application for the enforcement of divorce maintenance can only be filed by a lawyer.
- The further course of the court proceedings is essentially governed by the rules on civil proceedings.
- The court may order you and your former spouse to provide information about their respective income, assets and personal and economic circumstances. If you or your former spouse do not comply with this order, the court may independently obtain information, e.g. from employers or insurance companies.
At least 3 months due to the prescribed procedure, possibly longer in more complex procedures, depending on the individual case
Appeal pursuant to §§ 58 et seq. FamFG against the family court decision within one month by a lawyer or attorney-at-law
- Divorce maintenance fixing
- Divorce maintenance can only be claimed for the period after the divorce has become final.
- Obligation to be represented by a lawyer
- The prerequisite for divorced maintenance is:
- final divorce of the spouses
- existence of the prerequisites of a legal maintenance condition
- indigence of the claimant
- Capability of the opposing party to the claim.
- Competent: Local court - family court -
- Local Court - Family Court (Sections 23a (1) Sentence 1, 23b (1) GVG)
- The local court - family court - responsible for you in accordance with §§ 232 f. FamFG will be determined by the lawyer appointed by you.