Separation maintenance fixing Unfortunately this specification of service has not yet been completely translated.

If you are married or in a registered civil partnership but live separately, you can claim adequate maintenance from your partner before the divorce.

If you are unable to agree on a reasonable maintenance amount with your (marriage) partner living in a separation, you can claim your separation maintenance in court. The conduct of such a judicial procedure is essentially governed by the rules applicable to the civil proceedings.

The separation maintenance claim is based on the recognised principles of maintenance calculation, which complete the indeterminate legal concepts of the maintenance right. For details, please contact a lawyer.

Further information can also be found in the maintenance guidelines of the Higher Regional Courts.

  • Evidence of income, wealth and personal and economic circumstances

No

Preconditions

A separation maintenance claim presupposes in principle that:

  • the spouses or civil partners live separately,
  • the need is determined according to marital living conditions,
  • the applicant is in need (the income and payment obligations of the person seeking maintenance and the obligation to work are crucial.)
  • the opponent is capable of performance.
  • For details, please contact a lawyer.
  • The maintenance guidelines of the Higher Regional Court of Braunschweig
  • The maintenance guidelines of the Higher Regional Court celle
  • The maintenance guidelines of the Higher Regional Court of Oldenburg

Related Links

  • Section 1361 Civil Code (BGB)
  • Section 111(8) of the Law on the Procedure in Family Matters and voluntary jurisdiction (FamFG) in matrimonial matters
  • Section 113 (1) of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction (FamFG) in Matrimonial Matters
  • Section 114 (1) of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction (FamFG) in Matrimonial Matters
  • Section 231(1) (2) of the Law on the Procedure in Family Matters and voluntary jurisdiction (FamFG) in matrimonial matters
  • Section 269 No. 9 Law on the Procedure in Family Matters and voluntary jurisdiction (FamFG) for civil partnership matters
  • Section 270 Law on the Procedure in Family Matters and voluntary jurisdiction (FamFG) for civil partnership cases
  • Section 232 et seq. Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction (FamFG) on the jurisdiction and duty of information of the parties

An application for the assertion of a separation maintenance can only be made by a lawyer.

  • The further course of the judicial proceedings is essentially governed by the rules on civil proceedings.
  • The court shall make the application to the respondent or the respondent. The latter or the latter shall be given the opportunity to comment.
  • The Family Court then set an amount for maintenance.
  • The court may order the parties to provide information on their income, assets and personal and economic circumstances. If you and your former (marriage) partner do not comply with this order, the court may independently request enquiries, e.B. from employers or insurance companies.

Responsible for the content
No information available

Last update or date of publication
10.11.2020