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Equalization of Pension Rights

Those who divorce have many matters to settle. Among other things, decisions are made regarding pension equalization. You can find out what this regulates here.

Pension Equalization: Fair pension entitlements even after divorce.

In the event of a divorce, numerous issues arise, particularly concerning the financial settlement between spouses. Pension equalization ensures the division of all pension entitlements and future pension prospects between spouses after a divorce. Specifically, this means that within the framework of a divorce, the legislator intends that no spouse should be financially disadvantaged.

To enable greater fairness in this area, pension equalization was reformed in 2009. This reform aims to ensure that potentially differing pension entitlements acquired by spouses are balanced. 

Pension equalization can be excluded or limited by a marriage contract. However, legal provisions must be observed here to avoid an unreasonable disadvantage for one spouse. For instance, a complete waiver without compensation cannot be agreed upon. 

We will explain the legal regulations to you and examine which entitlements must be equalized and which may fall below the de minimis threshold. Our law firm in Nuremberg also assists you in drafting legally sound exclusions. In this way, we strive to achieve the optimal pension equalization for you.  

Challenges in Pension Equalization.

  • Do you wish to exclude the equalization of pension rights acquired during the marriage?
  • Do you wish to limit pension equalization to specific pension entitlements?
  • Would the implementation of pension equalization constitute an unreasonable disadvantage?
  • Do you wish to contest the notarized waiver of pension equalization agreed upon with your spouse?

How we assist you with pension equalization

Process and support by our firm

  • Initial consultation with a family law attorney in Nuremberg, including a discussion of the next steps.
  • Drafting an amicable agreement for the partial or complete waiver of pension equalization.
  • Obtaining notarization as a mandatory formal requirement for the waiver to be valid.

Goals and Prospects of Success

  • Shortening divorce proceedings through a mutual waiver of pension equalization.
  • Limiting pension equalization to specific old-age pensions.
  • Annulment of a contractual waiver in cases of undue disadvantage.

Time Commitment and Duration of Proceedings

  • Consultation and representation are available at any time and on short notice.
  • Short-notice drafting of an amicable waiver is possible.
  • The duration of court proceedings is primarily 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.

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