Divorce settlement agreement
Hello,
My husband and I have been married for a little over ten years. Due to the Corona pandemic, he has been living on ALG II for the past year and a half. Starting in January 2022, he will receive a small retirement pension and would then be eligible for basic security benefits.
We would like to make a divorce settlement agreement in which all mutual claims are waived. My income is currently below the self-sufficiency level, and I also do not expect anything from him.
1) Is it possible to make this agreement in the above-mentioned form, since neither of us is able to pay maintenance?
2) Can a maintenance obligation be excluded at all if one spouse is already retired?
3) Would there be a possible maintenance claim due to age?
4) Or could waiving spousal support potentially be considered unconscionable and challengeable by the social security agency through a modification lawsuit?
5) Is an agreement like the one described above perhaps only legal if both partners can fully support themselves?
6) If so, how far back should one be able to prove this at the time of the agreement?
7) Or is it sufficient to create a positive forecast for the future? (He earned well from 2015 to 2019 and as a freelance artist, he can surely support himself for a few more years from 2022 onwards.)
Finally: There is a Mexican marriage certificate with a note on property separation. Is this valid here?
Thank you!
