How can I defend myself against unjustified demands from my ex-partner after the divorce?
May 18, 2023 | 30,00 EUR | answered by Anna Richter
Dear Attorney,
my name is Lilli Born and I have a question regarding family law. After my divorce from my ex-partner, I found out that he is making unexpectedly high demands that, in my opinion, are unjustified. We acquired shared assets during our marriage, but I believe his claim goes beyond what is reasonable.
I am currently in a stressful situation as I do not know how to defend myself against these demands. I am worried about my financial future and want to avoid being financially exploited by my ex-partner. I feel helpless in this situation and would like to know what legal options I have to defend myself against these unjustified demands.
Could you please provide me with advice on the best course of action to protect my interests and find a fair solution in this matter? Are there specific laws or precedents that I can rely on? I would be very grateful if you could assist me in this difficult situation.
Yours sincerely,
Lilli Born
Dear Ms. Born,
I understand your concern and the challenging situation you are facing. It is important that you know your rights and how to defend yourself against unjust demands from your ex-partner. In German divorce law, there are various legal options available to protect your interests and find a fair solution.
First and foremost, it is important to mention that in a divorce, the so-called equalization of gains (Zugewinnausgleich) takes place. This means that assets acquired during the marriage are balanced between the spouses. The initial assets of each spouse are compared with the final assets, and the difference is equalized. It is possible that your ex-partner is claiming a higher gain than is actually justified. In such a case, you should have the demands of your ex-partner legally reviewed.
As a lawyer specializing in divorce law, I can advise you to seek professional legal assistance. An attorney can review your documents, assess your legal position, and help you defend your interests. It is important that you gather all relevant documents such as contracts, certificates, bank statements, and other records to clearly demonstrate your financial situation.
There are specific laws and precedents relevant to equalization of gains, such as the Civil Code (BGB). An experienced attorney can help you apply these laws to your case and explain your rights. It is important that you inform yourself early and take action to protect your interests.
Overall, it is advisable that you consult with a lawyer in a timely manner to receive informed advice and effectively defend your rights. Legal disputes can be challenging, but it is important that you do not let yourself be taken advantage of and fight for your financial future.
I hope that this information is helpful to you and wish you all the best for your legal proceedings.
Sincerely,
Anna Richter
