Divorce fallacies

ERROR 1:

The children will stay with the wife in any case

One partner alone does not decide where the children will live in the future. Both parents retain custody after the divorce. If the spouses cannot agree, the family court decides on the best interests of the children.

IRRTUM 2:

If you don't earn anything, you don't have to pay maintenance

This is not true. This is because a maintenance obligation based on a fictitious income can be considered. This involves calculating the salary that you could earn if you tried to find work.

IRRTUM 3:

If you marry rich, you're set

That may have been the case in the past, but things have changed. By law, everyone is obliged to provide for themselves. Only in certain cases, for example because of childcare, old age or poor health, is there post-marital maintenance.

IRRTUM 4:

I'm allowed to spend whatever I want until I get divorced

Not a good idea, because you will have to pay the money back. In principle, both partners may dispose of the joint account, but only to a "reasonable extent". The best thing to do is to split the assets into two accounts as quickly as possible.

IRRTUM 5:

In a divorce, the court settles everything

As a rule, the court only deals with pension equalization, i.e. the equalization of pension entitlements earned during the marriage. The judges only settle other issues if an application is made. These include maintenance payments, visiting rights and the whereabouts of the children.

IRRTUM 6:

Without maintenance, no visitation rights with the child

False. Visitation and maintenance rights are not legally connected. According to the law, visiting rights are not primarily to be understood as a right of the father, but as a right of the child. Children have a right to both parents - with or without money.

IRRTUM 7:

Whoever keeps the apartment also pays the rent

You might think so, but it's not true. Spouses are jointly and severally liable to the landlord. This means that the landlord can also demand the rent from the partner who no longer lives in the apartment.

IRRTUM 8:

I have a right of access to the dog

Although a few judges have already ruled this way, you should not rely on it: In the event of a divorce, the dog is part of the household effects, and this usually means that the family court decides where the dog will live.

IRRTUM 9:

What I brought into the marriage belongs to me

You can't say that across the board. Your own sofa remains your own sofa, but it becomes difficult if an item, such as the TV, has been replaced in the meantime. If this new purchase was more expensive than the old appliance, it becomes the property of both spouses and, if a dispute arises during the separation, must be sold to divide the proceeds.

IRRTUM 10:

A divorce costs several thousand euros

It depends. The costs of divorce proceedings depend entirely on the value of the divorce. This is determined from the income of the spouses and their assets. Example: If the spouses each earn 1,500 euros net per month and have no other assets, the lawyer's fees will be around 1,600 euros. The court costs amount to approx. 400 euros. This brings the total costs to 2,000 euros.