The end of a marriage often triggers a range of fears: eternal litigation, ruinous costs and the complete loss of custody or assets. However, many of the widespread assumptions surrounding divorce proceedings turn out to be persistent myths that unnecessarily unsettle those affected. A look at the actual legal situation clears up the biggest errors.
Cost, duration and prevention: The biggest financial myths
A common misconception is that divorce proceedings are so expensive that only rich people can afford them. But according to lawyer Eva Becker, chairwoman of the family law committee of the German Bar Association, this is “nonsense”, as can be seen from a dpa report. The reason: Court and legal fees depend on the spouses’ net income and assets. The worse the financial circumstances, the lower the costs will be. In addition, social assistance recipients and people without income can apply for legal aid.
The assumption that short marriages can end in divorce more quickly is also wrong. Regardless of whether the marriage lasted three weeks or 20 years – the so-called separation year must always be observed. “The spouses must therefore live apart from the table and bed for at least a year so that the divorce can be applied for,” explains lawyer Sandra Günther, according to dpa. Another myth concerns the possibility of blocking: In fact, an ex-partner cannot prevent the divorce or delay it for years. For a divorce, the past year of separation and the desire of one spouse to separate are sufficient – the other side cannot block this.
Assets and Debts: What’s Really Shared
A particularly persistent misconception also concerns the division of assets: Many people believe that through marriage everything belongs to both partners and that each partner is entitled to exactly half. However, as the Flegl law firm explains on its website, this is wrong. Everything that was brought into the marriage still belongs to the respective partner. Only the assets that spouses have accumulated over the course of the marriage are compared based on their increase in value and divided equally. Whoever has earned more must compensate the other half of the difference – but only as a cash claim, not as a claim to specific items.
The fear of liability for partner debts is just as unfounded. In principle, each spouse is only liable for their own debts – and this also applies after a divorce. Joint liability only exists if both partners have signed a credit agreement or a guarantee has been given. Anyone who takes out a loan is only responsible for themselves, regardless of whether they are married, separated or divorced.
Requirement to have a lawyer and custody myths: What couples need to know
Even in the case of amicable divorces, a lawyer is required in Germany – at least one partner must hire a lawyer to file the divorce application. Ex-partners cannot share a common lawyer, as lawyers are only ever representatives of one side. However, what is possible: Only one partner hires a lawyer and submits the divorce application, the other side agrees without their own legal representation. This saves costs, but should only happen if there is widespread agreement.
Another mistake concerns custody: access and custody rights for children together are not automatically regulated in the divorce agreement. Divorce, visitation rights and custody are different matters. Access rights are first discussed at the youth welfare office; only in the event of a dispute does an application for access have to be submitted to the family court. Parents retain joint custody even after the divorce – contrary to widespread fears that they will automatically lose it.
D. Maier / editorial team finanzen.net
