Equalization of Marital Gains and Separation of Property

In addition to the emotionally distressing consequences of a divorce, couples who wish to separate face numerous financial questions. One of these is the division of jointly acquired assets. As a rule, spouses enter into the statutory matrimonial property regime of community of accrued gains upon marriage, which entails a change in ownership.

However, this can be altered by a marriage contract. In contrast, with the contractual model of separation of property, spouses remain financially independent of each other. Each party retains the assets they brought into the marriage, as well as those acquired during the marriage. There is no equalization of accrued gains in the event of a divorce.

However, separate legal guidelines apply to the formulation and design of such an arrangement. Clauses that excessively disadvantage one spouse are just as invalid as clauses that provide for a pension equalization without compensation after divorce.

As a lawyer in Nuremberg, we can advise you to ensure that your marriage contract and the elements agreed therein comply legally with the requirements of case law.

• Do you wish to divide the joint assets in the event of a divorce?
• Is your spouse demanding a portion of your assets during the divorce proceedings?
• Are you living separately and your spouse is starting to hide, squander, or give away their assets?

Process and Support

• Initial consultation, including discussion of the next steps 
• Determination of assets available for accrued gains by requesting disclosure.
• Determining the amount of the equalization of accrued gains or the compensation claim.
• In-depth consultation after determining individually set objectives.
• Avoiding legal proceedings by structuring an amicable, out-of-court solution.

Goals and Prospects of Success

• Avoiding costly court proceedings through out-of-court settlement.
• Out-of-court agreement regarding the payment of a specific compensation amount.
• If no out-of-court agreement is reached: Securing the claim for equalization of accrued gains in divorce proceedings.
• In cases where there is a risk of asset concealment, we can swiftly obtain an enforcement order through an interim injunction, even during the year of separation.
• Defending against unjustified or excessive claims for payment of a compensation amount.

Time Commitment and Duration of Proceedings

• Consultation and representation are available at any time and on short notice.
• Quick drafting of an out-of-court agreement is possible.
• If an agreement cannot be reached out of court, the timeframe for legal proceedings will be determined by the family courts. 

Costs and Fees

• An initial consultation for consumers is available for a maximum of Euro 190.00 plus statutory value-added tax.
• The costs for further, including written, consultation and representation depend on the scope, complexity, and significance for the client.
• Fair flat fees are offered for an early assessment of the cost risk.