Discussion in 'Finance, Property, Law' started by BitterandTwistedArtisan, Aug 10, 2011.

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  1. I am legally separated from my wife and have been married for 11 years. She is German and i have been told that since i was married in Germany i have to get divorced in Germany under German law.
    Once i am divorced and have left the Forces i understand my wife has to apply for a part of my Forces pension with the UK court.

    My questions are :

    Is she guaranteed to get a percentage of my pension and is she entitled to a percentage of my gratuity(lump sum)?

    Is she entitled to an immediate pension when i leave the forces like i am or will she have to wait til she is pensionable?

    Am i entitled to her pension?

    She has savings and i have none. Am i entitled to half of her savings?

    I hope you can give me some advice.


  2. Not necessarily true under the Brussels II divorce directive - it doesn't matter where you were married, what is important is where are you (and she) are "habitually resident"?

    The following is not gospel (and assumes you are divorcing in Germany not in UK):
    Any kids? If not, German law does not require alimony once the divorce is through, although there is a formula for sharing income while separated (half of the difference between 95% of the higher paid and 95% of the lower paid net incomes - once her lawyer asks for it.) although there is strong court pressure to come to a negotiated agreement which may include it.

    If kids, then there are laid down calculations for child support and alimony depending on her work pattern and income. Child support is paid until the end of professional training.​

    Get a qualified family lawyer ("Fachanwalt for Familienrecht") asap.