Can you arrange meeting for spousal maintenance privately? Of course, you can also arrange maintenance privately after your separation or divorce. You can mutually agree with your partner that and in what amount you require maintenance or, vice versa, what maintenance you will pay. Whether a private maintenance agreement really makes sense is another matter.
What is a maintenance agreement?
If you are separate from your spouse, maintenance issues play a major role, even in the case of uncontested divorce Las Vegas. Your child is entitled to child support from the time you separate. The spouse who is economically needy is entitled to separation maintenance for the period of separation and to post-marital maintenance for the period after the divorce.
In a maintenance agreement (maintenance contract) you regulate that the respective claim exists and the amount of maintenance to be paid. Since you avoid a legal dispute with a maintenance agreement, it is always advisable to come to an understanding by mutual agreement. It is not necessarily the best option to have maintenance issues decided by the family court, as the result is often the same that you could have achieved with an out-of-court maintenance agreement if you had been judged.
Is maintenance also dispensable?
You cannot do without maintenance. However, the ban on waiving only applies to future maintenance claims. The reason is obvious. If you forego future maintenance, you run the risk that you may be dependent on public services, while your spouse who is obliged to provide maintenance can evade responsibility (Section 1614 of the German Civil Code, BGB). In this respect, it makes no sense if you, as the parent or spouse who are obliged to pay maintenance, want to urge your partner to forego maintenance. Such an agreement would be null and void. A waiver is only possible for maintenance claims that have arisen in the past, even if it does not really make sense.
Which form is recommended for a maintenance agreement?
Agreements on the regulation of separation maintenance or child maintenance are possible informally. Free form means that you can make a maintenance agreement (maintenance contract) in mutual agreement with the ex-partner on the basis of private law or, if necessary, after verbal consultation.
The same applies to maintenance agreements for post-marital spousal maintenance, provided, however, that you only make the agreement when your divorce has become final and final. However, if you want to make an agreement on spousal maintenance before your divorce becomes final, the agreement must be notarized (Section 1585c BGB). If you disregard the form prescribed by law, the spousal maintenance agreement is not legally binding and void.
Regardless of this, it is always advisable that, because of the scope of such agreements, you always prefer notarial certification whenever possible. The reason is that private agreements that you have not notarized are not enforceable. So you always have to rely on the parent or ex-spouse taking responsibility and paying the maintenance payments voluntarily in the agreed amount.
If the payments are not made, the privately written agreement is of no use to you, as you cannot carry out foreclosure from it. Therefore, only the notarial certification creates an enforceable document (title). Compulsorily enforceable means that you get an official document with which you can, for example, seize the salary or current account of the partner who is obliged to pay maintenance.
As an alternative to notarial certification, you can also have a maintenance agreement recorded in court at the oral divorce date before the family court. Such judicial logging is also compulsorily enforceable.
Once You’re Divorced What If New Partner Wants to Move in?
If the partner is the owner of the apartment, you could plead undue hardship and request that the apartment be assigned to you for your sole use. In a case of the Higher Regional Court, the man’s new partner visited the man in his apartment and sometimes stayed overnight. The court decided to assign the married home to the woman for sole use until the end of the year of separation.
It should be recognized that there may be undue hardship if a spouse takes the new partner into the apartment. This is especially true if the person is mentally stressed by the constant visit of the new partner and it is hardly possible to avoid each other in the house due to the cramped living conditions. However, the woman had to set up a monthly compensation for use.
Can I lock my partner out of the apartment?
As long as your apartment is your marital home, despite your separation you do not have the right to simply lock your partner out of the apartment. So if you want to exchange the door locks, the partner can demand that you grant him or her access to the apartment (§ 1361b BGB). If you have signed the rental agreement together or if you jointly own the apartment, the partner has the same right of use as you.
This also applies if the apartment is the sole property of the partner. As the sole owner, during the time of your separation you can easily be expected to allow your partner to share the marital home. The only exception is if you justify a hardship case that makes it unreasonable for you to have to accept shared use of the apartment by your partner.
Do I have to accept if my partner wants to move in again after moving out?
If the partner has moved out of the marital home because of your separation, he or she can request within six months of moving out to be allowed to return to the marital home (Section 1361b, Paragraph IV). As long as you do not refer to a case of hardship, you must not hinder moving into the apartment. Whether or not moving in again will help develop your mutual relationship is another matter.
Marital Partnership and Separation
With the separation you have to wind up your marital partnership. This also includes the decision how to proceed with your marital home. Any arrangement that you make by mutual agreement is always better than an argument about who is moving and who is staying. Since the law and jurisprudence have established relatively clear rules, you should not decide at your own discretion in the event of a dispute. It is better if you get information in good time and get competent legal advice. Feel free to contact me to discuss your concerns in confidence.
