Unterhalt während der Trennungsphase gerichtlich geltend machen
Mecklenburg-Vorpommern
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99046016002000, 99046016002000
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Typ 2/3
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
- § 1361 German Civil Code (BGB)
- § Section 111 No. 8 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Matrimonial Cases Maintenance Cases
- § Section 113 (1) of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Matrimonial Matters Family Matters
- § Section 114 (1) of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Matrimonial Matters Family Matters
- § Section 231 (1) No. 2 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
- § Section 269 (1) no. 9 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit - FamFG) for civil partnership cases
- § Section 270 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for civil partnership cases
- §§ 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 are married or in a registered civil partnership but living separately, you can demand reasonable maintenance from your partner even before the divorce.
If you are unable to agree on an appropriate amount of maintenance with your spouse who is separating, you can assert your claim for separation maintenance in court. The course of such court proceedings is essentially based on the rules applicable to civil proceedings.
The claim for separation maintenance is calculated according to the recognized principles of maintenance calculation, which fill out 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, a claim for separation maintenance presupposes that
- the spouses or partners live separately,
- the need is determined according to the marital living conditions,
- the claimant is needy (the income and payment obligations of the person claiming maintenance as well as the obligation to his/her own gainful employment are decisive here).
- the respondent is capable of paying.
- For details, please contact a lawyer.
An application to enforce separation maintenance can only be filed by a lawyer.
- The further course of the court proceedings is essentially governed by the provisions on civil proceedings.
- The court sends the application to the defendant. The defendant is given the opportunity to comment.
- The family court then sets an amount for maintenance.
- The court may order the parties to provide information about their income, assets, and personal and economic circumstances. If you and your former (spouse) partner do not comply with this order, the court can independently obtain information, e.g. from employers or insurance companies.
The local court - family court - responsible for you according to the order will be determined by the lawyer appointed by you.
- At least 3 months due to the prescribed procedure, in more complex procedures possibly longer, depending on the individual case
You must assert your claim in good time during your separation phase. You are only entitled to retroactive maintenance under certain conditions.
Appeal pursuant to §§ 58 et seq. FamFG against the family court decision within one month by a lawyer or attorney-at-law
- Separation maintenance fixing
- Separation maintenance can be demanded only in the time of the separation up to the divorce
- Obligation to be represented by a lawyer
- The prerequisite for separation maintenance is:
- Separation of the spouses or partners
- indigence of the claimant
- Capability of the claimant to pay.
- 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.