Do I have to grant my ex-partner access to my bank account while we are getting divorced?
February 9, 2023 | 40,00 EUR | answered by Erwin Evers
Dear Lawyer,
My name is Fanni Brandes and I am currently going through a divorce with my ex-partner. During our marriage, we had joint accounts as well as separate bank accounts. Now the question arises whether I must grant my ex-partner access to my personal bank account while we are getting divorced.
At the moment, there is no clear arrangement regarding access to my financial resources. My ex-partner has already attempted to access my account and withdraw money, which has caused me great concern and uncertainty. I fear that he could use or even withdraw my assets unlawfully without me being able to control this.
Therefore, I am wondering what legal regulations exist regarding access to bank accounts during a divorce. Do I really have to grant my ex-partner access to my personal account, or can I refuse this? Are there ways to protect my assets and ensure that my ex-partner cannot carry out unauthorized transactions?
I would be very grateful if you could assist me in this matter and provide possible solutions to ensure my financial security during the divorce process.
Thank you in advance for your support.
Sincerely,
Fanni Brandes
Dear Mrs. Brandes,
Thank you for your inquiry regarding access to bank accounts during a divorce process. It is understandable that you are concerned about the security of your assets, especially if your ex-partner has already attempted to access your personal account.
In Germany, the principle of separation of assets during a marriage generally applies. This means that each spouse has the right to control their own assets, including access to their own bank account. Even if you had joint accounts during the marriage, this does not automatically mean that your ex-partner must have access to your personal account.
However, in the event of a divorce, it is important to note that your ex-partner may be entitled to reasonable maintenance. This maintenance may also be provided from your personal assets. It is important to inform yourself in a timely manner about your rights and obligations in order to avoid financial disputes.
To protect your assets during the divorce process, you can take various measures. One option is to temporarily block your personal bank account or implement security measures such as two-factor authentication to prevent unauthorized access. Additionally, you can also reach an agreement with your ex-partner regarding access to your personal account.
It is advisable to seek advice from an experienced family law attorney in this matter to best represent your rights and interests. An attorney can help you make clear arrangements with your ex-partner and take legal steps, if necessary, to protect your assets.
I hope this information helps you and wish you all the best for your divorce process.
Sincerely,
Erwin Evers
Divorce Attorney
