Lawyer for family law in Bühl on separation maintenance
BÜHL. What is a marriage? With this question, in the broadest sense, a current decision in Family law deals. In the present case, the Federal Court of Justice (BHG) had to decide on claims for separation maintenance, although the marriage was short and arranged, lived in separate households and without sexual contact. “The BGH has made it clear: Even in an arranged marriage that apparently was not practiced and lived together, there is a claim to separation maintenance,” comments the lawyer for Family law in Bühl, Susanne Cronauer, the decision. According to the BGH, the entitlement to separation maintenance does not require that there was coexistence and common economic activity. (Decision of February 19, 2020, Az. XII ZB 358/19).
Separation Maintenance – Lawyer for Family law in Bühl describes current decision
The case before the BGH concerned an arranged marriage between partners with an Indian cultural background. The woman lived with her parents and worked for a bank in Frankfurt. The man lived and works as a securities dealer in Paris. After the marriage in August 2017, it remained with the separate apartments. Initially they planned to live together in Paris, but this was not realized. A year later, the couple lived practically apart. The BGH sees the intention to lead a life together in Paris as an agreement with a view to a marital partnership and thus justifies the wife’s claim to separation maintenance.
Lawyer for family law in Bühl: Legal advice on separation maintenance is important
Susanne Cronauer, who heads a long-established law firm specializing in family law for the Bühl region, recommends separated couples who want to get a divorce to seek legal advice on separation maintenance issues. “Separation maintenance is usually only paid during the year of separation and only if the two partners have very different income levels. This is the case, for example, if one of the partners was not employed, the other already Worse-off partners also have a claim if a marriage contract excludes separation maintenance. In this case, the contract is invalid. Ultimately, it is always about the specific individual case, “emphasizes Susanne Cronauer.
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