Divorce union

from Wikipedia, the free encyclopedia

The divorce association is a legal term from the German divorce procedure law and regulated in § § 137  ff. FamFG . It ensures that certain issues to be settled in the event of a divorce are decided together with the divorce ("in conjunction with the divorce"). A joint resolution is therefore issued on all issues to be dealt with in the group, so that all matters must also be ready for decision.

A distinction must be made between the mandatory association ("compulsory association"), which arises ex officio, and the application association, in which a matter is only decided at the request of the parties together with the divorce. Currently only the public-law pension adjustment is compulsory with the divorce.

The purpose of the divorce association is to achieve a comprehensive clarification of the consequences of a divorce before it is pronounced. At the same time, it is assumed that those who are interested in a quick divorce are also more willing to make concessions in order to achieve it, thus promoting a settlement.

The other matters brought into the association are referred to as subsequent matters. Possible consequential matters are, in particular, regulation of parental custody , contact , maintenance , claims from marital property law , the allocation of marital home and marital household effects . Subsequent matters can still be pending until the end of the oral hearing. A divorce can be significantly delayed by bringing in subsequent matters late, which may then require further evidence to be taken. The antidote is the separation of the subsequent matters according to § 140 FamFG.

Web links