Separation
December 28, 2009 | 30,00 EUR | answered by Andreas Scholz
The following situation:
Married since 08/2006
1 son born 27.02.2005, both have custody
2 son (born out of wedlock) born 23.07.2007 only if it is important
and
3 son born 12.11.2009 again with wife.
We have been having quite a few discussions for some time now, which are now leading to an inevitable separation.
In September, we signed a separation agreement stating that the 1st son's usual place of residence is with me and the newborn's usual place of residence is with my wife.
This agreement was signed by both of us and notarized by a notary.
Now that things are getting tough, she says the document is void, as she was pregnant at the time she signed it and therefore not able to make a clear decision. And I wouldn't get either of my sons... what is the legal situation now, is this document really void or am I in the right?
It's not like anyone would be disadvantaged, it was our free decision to sign this document.
Dear questioner,
the certificate is not void per se. Your wife must have felt compelled to agree to provisions that were disadvantageous to her due to her pregnancy. In particular, provisions regarding maintenance, such as a waiver of maintenance payments, may be void. Provisions regarding parental custody are unlikely to be void simply because there was a pregnancy. If the notarial deed includes provisions regarding maintenance, such as a waiver, the agreement as a whole may be void, including the provision regarding parental custody.
In conclusion, the deed will not be void solely because your wife was pregnant at the time of the contract if it does not contain provisions regarding maintenance or other asset distributions. Rather, there must be additional disadvantageous provisions in these areas, where it is also likely that your wife agreed to them solely because she felt compelled to do so due to the pregnancy.
I hope this answers your question, if you have any further questions, please feel free to ask.
Sincerely,
Andreas Scholz, Attorney
