A combined application means that certain matters that are decided in connection with a divorce must actually be decided in conjunction with the divorce. The purpose of the divorce settlement is to clarify the consequences of a divorce even before it is pronounced. In a combined application, a matter is only decided on together with the divorce if the parties involved request this. Distinction must be made between this and the compulsory connection that exists between divorce and pension equalization. This means that as soon as an application for divorce is filed, the family court automatically conducts pension equalization proceedings, equalizing the entitlements acquired by the spouses during the marriage. From a financial point of view, a spouse may also be entitled to separation alimony for the period up to the divorce and postmarital alimony for the period after the divorce. What are prenuptial and postnuptial agreements in Germany, how do they work, and can they be treated as binding contracts in all jurisdictions? Marriage contracts can regulate property issues, alimony, and pension provisions and may be concluded both before and after the marriage. They need to be notarized in order to be legally effective. Marriage contracts may also govern the consequences of divorce, such as equalization of gains, alimony, pension equalization, allocation of the marital home or division of household items, etc. In this case, they are referred to as “agreements on the consequences of divorce”. The recognition of marriage contracts in other legal systems depends on the respective national laws. It is advisable to regularly review and adapt marriage contracts, as marital life can change over time. What does an amicable divorce mean and what is the role of the lawyer in achieving an amicable divorce? An amicable divorce means that both spouses want to get divorced and agree on the main consequences of the divorce. A lawyer files an application for divorce on behalf one of the spouses. The other spouse does not need their own lawyer, but can agree to the other spouse’s application for divorce. The divorce becomes final once the onemonth period for lodging an appeal has expired. If both spouses are represented by a lawyer, a waiver of appeal can be declared at the divorce hearing, so that the divorce decree becomes legally binding right after the judge WWW.LAWYER-MONTHLY.COM 15
RkJQdWJsaXNoZXIy Mjk3Mzkz