Spousal,Child Maintenance Orders & Pension Sharing

Discussion in 'Finance, Property, Law' started by REMEWOTAJOKE, Jun 22, 2010.

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  1. Right,
    Wife is a German National,divorce is proceeding under German law.However wife wants to move to the UK (christ knows why,but ehh the workings of the female mind!)
    We own our own property in Germany.Wife has asked I take her half of the debt on completely, by changing the Title to Property in the "Grundbuch" (deeds).As she wishes to leave the marriage debt free.However under German Law everything is supposed to be halved during divorce unless it can be shown a reciprocal gesture has been made by the other party.
    So in return for taking on the mortgage (trapped in negative equity),family debt etc.My wife would have to give up some financial claims,or it would seem she was making a "WIN" when under German Law all must be equal (which she is by giving me the debt).
    IF my WIFE signs a Divorce Agreement in a German Family Court,giving up her right to Spousal Maintenance,a share of my pension (Married 2002,divorce 2011) & agrees to a rate of Child Maintenance decided between us (Like a PMA) but ratified by the Court.Does she have any recourse to English Law to overturn it if she decides she wants to screw me over after she has returned to the UK?
    Or would the fact that the marriage & divorce took place under German Law suffice to show grounds for myself to apply for a Clean Break under Part III of MPFA?,in relation to the Child Maintenance element of the agreement would the CSA recognise it as it will have been ratified in an EU member state Family Law Court?.B
    ecause beleive it or not Gents the German System of Child Maintenance is very fair,they take note of your financial commitments at any time of and adjust accordingly.They even have it set in law how much money you must have as minimum after all bills and maintenance is paid.If you dont reach the minimum again they cut the maintenance back until you do,if however you get to paying 0 euros and you still dont have your minimum then the German State pick up the tab,ask you every year to prove your income and will ask you to comence paying ONLY WHEN you can achieve the minimum.Bonus is YOU DO NOT HAVE TO REPAY THEM A PENNY for what they paid.THis includes Spousal Maintenance as it IS the FIRST MAINTENANCE to be cut into when the EXSITENZ MINIMAL is not met.The spuose dips out first!
    So as you can see an agreement made and ratified in the German Court is going to reflect my level of financial commitment to the mortgage & marital debts,in regards to Spousal & Child Maintenance (wife gets nowt,I pay 250 quid a month for the kids (2 aged 5&7),she gets nowt of my pension,finish after 25 years man service Sept 11,also any money left over when the tax free car is sold and sundry marital debts paid stays with me. The property would also be all in my name so under German Law I can sell it and if I happen to make a profit then I dont have to split it or leave her a chunk in any will.With that on the table I am well chuffed
    and really want to make sure it is BOMB PROOF if she tries anything on return to the UK.
    Top tip Gents if u r married to a Jerry of the female persuasion & she is heading for the Divorce Courts,get yourself your own lawyer,German Legal Aid is available and above all be honest about what you earn,if the soon to be ex has never worked or is not working at the time of divorce OFFER to take on any debt she is responsible for.As the Courts will think you an honourable man and reward you for doing so.
  2. I didn't read all of that because when I got divorced in 1990, the law in UK was a complete shambles and the husband was expected to bend over and let the courts and the lawyers first fu ck him up the arrse and then rip his testicles off through his wallet (thanks to Robin Williams for the latter description). So its a sore subject. Looks like you may get a fairer deal. Looking on the bright side, at least I got rid of an unwanted appendage, even though it cost me.
  3. You haven't pulled if off yet!