What legal steps can I take to initiate a separation?
January 16, 2022 | 50,00 EUR | answered by Marcus Hering
Dear lawyer,
My name is Lukas Brandes and I have an urgent question regarding family law. My marriage with my wife has not been going well for some time now, and we have decided to go our separate ways. We do not have any children or shared assets, so I believe that the separation should be relatively straightforward.
I would like to know what legal steps I need to take to initiate the separation. I have already discussed this with my wife and she also agrees to the separation. We both want to resolve this as quickly and smoothly as possible, in order to start fresh.
My biggest concern is that I do not know exactly what steps to take and if there may be pitfalls that I could overlook. I want to make sure that everything is done correctly from a legal standpoint, and that we can go through the separation without unnecessary conflict or complications.
Could you please explain to me in detail what steps I need to take to initiate the separation? Are there specific forms that need to be filled out, or is it necessary to involve a lawyer? I would greatly appreciate your support and guidance in this matter.
Sincerely,
Lukas Brandes
Dear Mr. Brandes,
Thank you for your inquiry regarding family law and your planned separation. I understand that it is important for you to take this step as quickly and uncomplicatedly as possible to make a clear new start. I will now explain to you exactly what steps you need to take to initiate the separation.
First of all, it is important to mention that separation in Germany is possible informally. This means that you and your wife can simply decide to go separate ways without the need for special forms or a lawyer. However, it is advisable to document the separation agreement in writing to avoid any misunderstandings or disputes in the future.
In the separation agreement, you should, among other things, specify when the separation takes effect, how the joint financial matters will be regulated, and whether there is a maintenance agreement. It is important that both parties agree to this agreement and sign it. Even if you do not have children, it may be helpful to still make an agreement regarding the care of shared pets or other personal belongings.
There is the option to have the separation agreement reviewed by a lawyer to ensure that all legal aspects have been taken into account. A lawyer can also help you to draft the agreement legally and clarify any questions.
If you still decide to involve a lawyer to initiate the separation, you can discuss the next steps with them. The lawyer can also assist you in preparing for a divorce if you later decide to do so.
In conclusion, I want to emphasize the importance of seeking professional support during such an emotional phase to ensure that your interests are protected and the separation proceeds fairly and legally. I hope this information helps you and I am happy to answer any further questions you may have.
Sincerely,
Marcus Hering, Attorney at Law
