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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.
If you would like to know more about the issues covered in this guide, Vardags offers a free consultation to qualifying individuals.
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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.
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