divorce settlement agreement
September 29, 2009 | 35,00 EUR | answered by Andreas Scholz
Good morning,
since last week my husband has been pushing me to sign a divorce settlement agreement, which is supposed to come into effect starting October 2009.
1. What should such an agreement look like in order to be recognized by the court?
2. Is it correct that it comes into effect even if the separation year has not even begun?
What about maintenance during the separation year? I am 57 years old, have no income of my own and am unlikely to find work.
My husband is proposing a monthly payment to me of 2,500 euros for one year, 1,900 euros for the following year, and 1,300 euros monthly for a third year. He has a monthly net income of 15,400 euros from his employer, plus earnings from his existing consulting firm.
Although he himself lives most days of the week in Doha, Qatar, in his apartment there, according to the agreement I am supposed to move out of the rented house in Bahrain by the end of January.
I believe the maintenance amount is too low and the duration of payment is too short. What are the legal implications? I must also mention that we have only been married for 1 1/2 years and the desired divorce is solely due to his fault.
Thank you for your help.
Kind regards,
Eva Sourd
Dear questioner,
Regarding your questions:
1. How should a contract be structured in order to be recognized by the court?
A divorce settlement agreement is a contractual arrangement agreed upon by the parties. The question of its validity before the court only arises if one of the spouses wishes to challenge the agreement after signing it. If this does not happen, the agreement will not be subject to judicial review.
2. What about spousal support during the separation year?
If no contractual agreement is made, the entitlement to spousal support during the separation period is determined by the marital circumstances, generally based on the total available income of the spouses during their cohabitation. The entitled party is typically entitled to 3/7 of this amount.
The short duration of the marriage becomes relevant when considering the time limit for post-divorce spousal support. The shorter the marriage, the more likely the support claim will be time-limited (in case of a legal dispute over spousal support).
Based on your husband's income, you likely have a higher entitlement to support during the separation period as provided by law. This also applies to the potential duration of your entitlement to post-divorce spousal support.
In principle, the agreements you have described can indeed be made (including moving out of the apartment). Based on your information, there are generally no grounds for a court to declare the agreement void upon legal review.
In conclusion, you likely have a higher entitlement to support under the law than what is being proposed in the divorce settlement agreement. In light of this, it would be advisable not to proceed with the agreement.
I hope this information is helpful to you. If you have any further questions, please feel free to ask.
Best regards,
Andreas Scholz, Attorney
