Like most European countries, in Germany the court lacks the discretion the English court has in making awards. The court is subject to strict rules in what it can order on the division of marital assets, and will only:
The court has no power to make transfers of real property (i.e. houses) and is only able to award maintenance for a limited time, and in circumstances where the weaker spouse will experience real hardship on the breakdown of the marriage, and where they have damaged their career by caring for children. The parent who cares for a child is expected, by law, to return to work when the child is three.
The English court therefore has much more wide-ranging powers to order ongoing maintenance, the division of non-matrimonial assets and the transfer of real property. It is highly likely that England will be much more generous to the financially weaker party.
The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.
Vardags Limited is a limited company trading as Vardags, Company No 7199468, registered in England and Wales, having its registered office at 10 Old Bailey, London EC4M 7NG. Vardags is authorised and regulated by the Solicitors Regulation Authority (SRA Number 535955). The term “Director” is used to refer to a director of Vardags Limited or to a non-legally qualified employee or consultant of Vardags Limited with equivalent standing; the term “Director” does not necessarily imply that the relevant individual is a director of Vardags Limited. The term “Partner” is used to refer to a legally qualified director of Vardags Limited or a legally qualified employee or consultant of Vardags Limited with equivalent standing; the title “Partner” does not necessarily imply that the relevant individual is a director of Vardags Limited and does not imply that they are a partner in the legalsense. Our Partners are not liable for the debts, liabilities or obligations of Vardags Limited. A list of the directors of Vardags Limited and a list of the names of those using the title of “Director” or “Partner” together with their official status available for inspection at Vardags’ registered office. VAT number: 99 001 7230.