Ask a lawyer on the topic of Insolvency law

Advance payment by the spouse in the insolvency proceedings

May 21, 2010 | 20,00 EUR | answered by Steffan Schwerin

I have applied for the regular insolvency proceedings, including a deferral of the procedural costs.

Now I am being told that my estranged wife is obligated to cover an advance payment of costs if she is financially able to do so. The debts stem from our shared existence.

How should the concept of financial ability be assessed? Will her income be evaluated, or is she considered financially able as a woman capable of working?

She is self-employed, operating at a loss, and relies on start-up support, child benefits, and child support (not from me). Her total income includes support for one child.

Steffan Schwerin

Dear questioner,

I will answer the questions you have raised taking into account the circumstances described and your input as follows:

If the liabilities arose during the marriage and you are currently only living separately and not yet divorced, the wife can also be held liable for covering these costs, provided she is financially capable.

Financially capable in this case means that first the ongoing costs and especially the maintenance obligation towards the child must be taken into account.

Then the wife must retain a minimum amount of about 900 euros.

If there is anything left over, the wife will be called upon to bear the costs within this framework.

To assess the situation, the income will be considered, she is not automatically financially capable.

Based on your information, it seems that there is likely no financial capability.

I would like to point out that this platform cannot replace a comprehensive and personal legal consultation. The sole purpose is to provide an initial rough assessment of your legal problem based on the information you have provided by a lawyer. The legal advice I provide is based solely on the facts you have provided. Adding or omitting relevant information in your description of the facts may result in a completely different legal assessment.

I hope I have been able to give you a first overview and that my explanations will help you. Feel free to contact me through the follow-up option on this platform.

Furthermore, I am of course available for legal representation. The initial consultation fee you have paid would be fully credited.

Distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, post, fax, and telephone, legal representation is also possible.

Yours sincerely,

Steffan Schwerin
Lawyer

Law firm Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de

Website: www.raschwerin.de