The divorce of a marriage brings with it legal consequences. In addition to the welfare of the child, it predominantly concerns finances. A divorce settlement agreement can help avoid disputes.
In addition to the emotional burden of a divorce, lengthy legal disputes often ensue. In addition to custody or visitation rights, it regularly involves the division of the couple’s assets, such as equalization of gains, pension rights adjustment, or spousal maintenance. Many consequences can be settled individually in a prenuptial agreement. If the couple has not concluded a prenuptial agreement, a divorce settlement agreement is also advisable. This can prevent disruptive and lengthy legal disputes, according to the law firm MTR Rechtsanwälte.
Without a prenuptial agreement, a couple automatically lives under the statutory community of accrued gains. If the marriage is dissolved, the partners have a claim to equalization of gains. To calculate the equalization claim, the partner’s initial assets at the time of marriage and their final assets at the time the divorce petition is served are determined separately. The difference between these amounts represents the accrued gains during the marriage. One spouse regularly achieved a higher gain than the other because, for example, they dedicated themselves to their career and earned a higher income, while the other only worked part-time and took care of the children.
The equalization of gains is intended to restore balance. If one spouse has achieved a higher gain, half of it is owed to the partner. This often leads to disputes, for example, about the value of assets.
Those who worked full-time during the marriage, while the other one stepped back, also achieved higher pension or retirement claims. This imbalance is to be eliminated by adjusting pension rights. The acquired entitlements to retirement pensions from statutory, professional, or private insurance are split equally.
Even though divorced spouses are generally supposed to support themselves, there can be claims for post-marital maintenance or spousal support.
These financial aspects can be amicably settled with a divorce settlement agreement before the courts decide. This way, both private and business assets can be protected. In addition to financial aspects, many other legal consequences of a divorce can be clarified with a divorce settlement agreement.
Experienced lawyers in family law provide advice.
