Otherwise, the goods, the regime of the community
The community of accrued gains (§ BGB) constitutes the legal rule, the case of the matrimonial property regime, the property relations between the spousesIt comes to a divorce, needs to be balanced in the different asset growth of the two spouses since the marriage, the so-called gain compensation is calculated. In the community of accrued gains during the marriage, the assets remain (actually: the asset growth) of the two spouses separately. The spouses have earned during the marriage varies a lot, the spouse, the"more"is a compensation payment in the amount of half of the more profit. The longer the marriage, the higher of such payment obligations - sometimes in amounts of several. The community of accrued gains is often perceived as unfair - especially for balancing the debtor spouse.
Separation of property - the Royal road
This is especially true if one spouse is self-employed or entrepreneurs, and in marriage, single earner, or have been.
As a"counter-proposal"exists, the model of separation of property.
The separation must be between the Spouses have explicitly agreed, for example, by a prenuptial agreement. The separation of property is the idea of a"real"separation of the assets of the two spouses during and after marriage - there is no equalisation takes place at the end of the marriage. The advantages and disadvantages of separation of property should be illuminated in the Following. This not only brings benefits. The advantages of separation of property seem to lie, first on the Hand: Due to the elimination of the community of accrued gains is an asset that prevents a balance to the end of the marriage, the marriage should (as far as possible to the same) with separate financial circumstances. In addition, the model of separation of property is prevented"annoying around calculation"in the case of a divorce. The separation, therefore, has still the reputation of being a guarantor for a smooth and quick divorces. Is propagated, ultimately, a"town model on the financial level of your eyes“, in which each spouse makes more money, and, especially in the event that the marriage fails. Where, however, the disadvantages of the separation of property. This is for every profitable who wants to be in spite of marriage"financially independent". First of all, the separation of property is, of course, for a financially weaker spouse a disadvantage, dispensed with the equalisation, and thus the half of the surplus earnings of a spouse during the marriage. Especially for financially weaker spouses who do not work during the marriage constitute the separate property, therefore, a considerable financial risk, Because if the marriage fails, you are without financial means. Finally, it can rely on no one to get permanently post-marital maintenance. And who has not worked for years, it will be probably hard to find a Job again. The disadvantages of the separation of goods"lurk"often in Places that as a legal layman would not suspect so quickly: it Was agreed to separation of property and upon the death of a spouse, must expect to rush the surviving spouse with significant tax night. Because the tax advantage, to get a quarter of the assets of the deceased spouse's tax-free, then falls away. Many spouses assume the"necessity"of a separation of property, because of the legal implications of false - and overestimate. Often, the legal consequences of the marriage will be valued in itself wrong, when it comes to liability for the other spouse. So the"myth"that you would have to stand in the marriage, in principle, for all the debts of a spouse and the only way out is a separation of property is persistent. That is not true, because a direct liability exists only for shops of daily life needs (cf. § BGB) or if the spouse has taken on an explicit liability (e.g. in the Form of a guarantee) This is true regardless of the choice of matrimonial regime, i.e, regime of the community or separation of property. A goods is agreed separation, extends this to the supply compensation (i.e, compensation for acquired pension rights) only if the spouses have agreed upon this explicitly. who wants to waive the equalization of pension, the rules explicitly, even if a separation of property was agreed upon. Who is with the legal consequences of the community of accrued gains is not satisfied, does not need to agree on the mandatory separation of property. Ultimately, the popularity of the separation of property does not result from the (erroneous) notion that this"is the only way out"from the community of accrued gains, because there is also the possibility of a modified community of accrued gains. In this example, rules that the equalisation of accrued gains is excluded only in the event of a divorce. Thus, the described tax disadvantages in the case are the Death of a spouse can be avoided. As is so often the individual, to the needs of the spouse tailored solution is better than a flat-rate model. In summary: most couples enter the marriage with no thought to a possible future divorce, and reject a previous regime by marriage contract, from quasi-ideological reasons. On the one hand, this is understandable - on the other hand, one should keep in mind that in Germany every third marriage is divorced. Even if the (relatively constant), the divorce rate has declined slightly: in Alone, over. marriages in Germany, divorced. A missing prenuptial agreement (or divorce agreement), the consequences of revenge later on - and do it often. Franziska Hasselbach is a specialist lawyer for family law and has already accompanied numerous divorce proceedings successfully. In addition, she advises in Cologne, Bonn, Frankfurt am Main and Groß-Gerau, in the case of material behavior from the Maintenance, custody and visiting rights as well as marriage contracts and separation agreements.
