Divorces by mutual consent – the divorce settlement agreement makes it possible

Contentious divorces often lead to unwanted results and problems in families. Especially when joint children are involved, it is probably advantageous for all to settle the messy topic of divorce quickly and easily. Consensual divorces with divorce settlement agreements help and settle all important issues in advance. But what are the limits of these agreements, what can they regulate and what form do they need?

• Tip. Our guide for house and apartment: Selling real estate after divorce.

The most important at a glance:

• The divorce settlement agreement attempts to settle all possible points of dispute in advance of the divorce in order to make the divorce as simple as possible. These include, for example, maintenance, custody of the joint children, the procedure with joint assets or even the continuation of the joint family name.
• A divorce settlement agreement does not require a certain form, however, it is recommended to choose the notarization by a notary or the court record, since both can be used as evidence in case of dispute.
• The benefits can be used primarily by couples who desire an amicable divorce. However, divorce settlement agreements are not suitable for contested divorces or divorces that are desired by only one spouse
• The agreement on the consequences of divorce must not unreasonably disadvantage either spouse and is subject to a judicial review of its content, which can declare such provisions to be invalid.

The content – this can be regulated in a divorce settlement agreement

In a divorce settlement agreement, all things concerning the marriage and the divorce can be regulated. In general, this agreement regulates how joint assets, joint children or similar things will be dealt with after the divorce. It is attempted to clarify all points that are normally settled during the divorce in advance, in order to make the divorce as simple as possible. To a divorce succession agreement belong in detail things like the maintenance. Here, both the separation maintenance for the period from the separation to the divorce and the post-marital spousal maintenance for the period after the divorce can be regulated.

The divorce settlement agreement also regulates the custody of joint children, their maintenance and, if necessary, the right of access for the non-caring parent. In addition, the divorce settlement agreement will specify how joint assets, such as the joint home or household effects, are to be dealt with. Other possible points of a divorce settlement agreement are the agreements on the equalisation of gains, exclusion of the legal matrimonial property regime of the community of gains and agreement on the separation of property, the waiver of the right to inheritance and the right to a compulsory portion and the continuation of the joint family name.

• The divorce settlement agreement attempts to settle all possible points of dispute in advance of the divorce in order to make the divorce as simple as possible.
• The possible aspects of a divorce settlement agreement include, for example, maintenance, custody of the joint children, the procedure with joint assets or also the continuation of the joint family name.

The form – this must be observed

A divorce settlement agreement is only legally valid and binding if it has a specific form. An oral or private divorce settlement agreement is only valid as long as there is no dispute. If the statements made in the divorce do not match the document, it cannot be used as such. If you decide on a divorce settlement agreement, it is always advisable to have it notarized. This ensures that the agreement is legally binding on both parties and can be used as evidence in the event of a dispute. A notarized divorce settlement agreement is therefore the cornerstone for a quick and amicable divorce.

Alternatively, the divorce settlement agreement can be recorded orally by the court at a hearing. This alternative is also legally binding and guarantees its validity in court. In case of doubt, both documents can be used for compulsory enforcement against the spouse, e.g. to collect spousal maintenance.

• A divorce settlement agreement does not require a certain form and can be made verbally, in writing, notarized or verbally recorded in court.
• It is recommended that the contract be notarized by a notary public or recorded in court, as both can be used as evidence in the event of a dispute.

The pros and cons – a divorce by agreement

The advantages of a divorce settlement agreement are obvious. The law gives spouses a great deal of leeway in these agreements to settle all issues related to the divorce amicably among themselves. In this way, it is possible to divide the assets between them as fairly as possible, to determine the maintenance claim or even the custody itself and thus to pave the way for a tension-free and as factual as possible dealings with each other. This is especially important for joint children, who often find themselves in a conflict of loyalties during contentious divorces, which often leads to tension in the family. The advantage of an amicable divorce is also the low court and attorney fees. Contentious divorces require more time, more lawyers, and therefore more costs. To avoid this and avoid unpleasant disputes with your spouse, a divorce settlement agreement can make divorce by mutual consent simple and straightforward.

There are hardly any disadvantages with a divorce settlement agreement. However, one should always bear in mind that disputes and disagreements can arise even when drawing up a divorce settlement agreement. Especially in marriages that break up unhappily or only one party wants a divorce, a divorce settlement agreement can often not help. These agreements require that both partners are willing to discuss divorce issues by mutual agreement and are not only willing to take, but also to make concessions.

• The advantages can be used especially by couples who want an amicable divorce
• Through the divorce settlement agreement, all issues related to a divorce can be clarified privately
• However, divorce settlement agreements are not suitable for contested divorces or divorces that are desired by only one spouse

The limits – unreasonable disadvantage to one spouse

Even a divorce settlement agreement has limits. Although it may regulate everything connected with the divorce, it may not unreasonably disadvantage either of the spouses. The agreement is therefore subject to a judicial review of its content and can be declared invalid in the event of inappropriate provisions. Which provisions are ineffective is determined by the court in each individual case. An unreasonable disadvantage of a spouse is assumed, for example, if he or she will foreseeably be dependent on social welfare as a result of the agreement, or if, for example, parental custody and access rights are commercialised, i.e. access rights would be made dependent on financial benefits. With regard to these limits, there is no precise guideline as to which scenarios could lead to an ineffective agreement, as these always depend on the respective situation and are decided by the respective competent court.

• The agreement on the consequences of divorce must not unreasonably disadvantage either spouse.
• Such provisions may be declared invalid by the court
• The divorce settlement agreement is subject to a judicial review of its content

Divorce: guide, help and tips

Divorce is complex, it’s true. But you are not alone! Many let themselves separate and in fact, a large part always finds a good solution. Only a small part ends in a quarrel. So that you can prepare well, you will find here our small guides and tips on divorce, family, money and real estate.

• Divorce: Guide

Immobilien Zeitung: Nursing homes for senior citizens in short supply

The general housing situation in Germany is a growing problem in many places. The metropolitan areas and inner cities are overcrowded, and apartments in the surrounding areas are also too expensive. Particularly with our increasingly ageing society, senior housing is also in short supply and many older people and pensioners are faced with the problem of finding suitable accommodation at affordable prices that meets their needs. The same problem is faced by those people who need a place in a nursing home, because there, too, spatial resources are more than scarce. For this reason, relatives often take over the accommodation and, in part, the care of their elderly family members or make use of care services that support them at home.

Accessibility in rented flats

Rental apartments in particular are rarely designed with the needs of older people in mind. The houses and apartments must be accessible without barriers, which means a ramp as an alternative to houses with steps in the entrance area as well as an elevator of a suitable size for apartment buildings are basic requirements. But barrier-free accessibility only begins here. The apartments must not be too cramped, so that people with wheelchairs or walkers can move from room to room without any problems. The sanitary facilities must also be adapted: Grab rails on the walls and a level shower are particularly important here.

Conversions are often expensive and are therefore often not even considered by the landlord. The alternative in this case would be an owner-occupied flat, but here too the question arises as to the financial means of the person concerned and the spatial possibilities of the flat.

Nursing homes severely undersupplied

Due to their function, nursing homes are optimally adapted to the sometimes limited movement possibilities of senior citizens. Ramps in the entrance area, lifts, door frames that are hardened, doors that are equipped with sensors and open automatically… wherever possible, the needs of the elderly are taken into account. A major problem here is the growing shortage of staff, as fewer and fewer young people are considering a career as a caregiver for the elderly. The low pay plays a role here, because the nursing homes can often pay less than they would like, as their own resources are severely limited.

Furthermore, there is also a general lack of nursing places. The existing nursing homes cannot provide sufficient space for those in need of care, but plans for new buildings are rather rare.

Real Estate News:

Federal Gazette about strongly rising real estate prices in the last year

This week at Bundesanzeiger among others ” Back to reason? ZIA welcomes Berlin’s commitment to the constitution” but also “vdp index: property prices rise strongly again in 2018”. New articles, headlines and trends:

• vdp-Index: Property prices rise strongly again in 2018
• Back to reason? ZIA welcomes Berlin’s commitment to the constitution
• ZIA: Failure to appoint the building commission is a mistake

Berlin.de reports: Rising property prices also in Berlin

New articles and posts from Berlin.de this week include ” CDU fails with motion of disapproval against Lompscher” and “Rise in rents and purchase prices highest in Berlin”. More headlines of the week:

• CDU fails with motion of disapproval against Lompscher
• Alliance for Affordable Housing has spurred new construction
• Rents and purchase prices rise most in Berlin

Süddeutsche Zeitung with focus on modular building of the future

This week’s Süddeutsche Zeitung blog is about ” When words fail you” and “Vorgebaut”. Updates and news from the blog:

• When words fail
• New building area in Moosen
• Pre-assembled

Real estate newspaper on the shortage of nursing homes for seniors

This week Immobilien Zeitung has interesting topics like “Alarming shortage of senior housing” and “New construction is already at €9,000/m²” on the blog. The posts and more tips can be found here:

• Alarming shortage of senior housing
• Coworking shows no “waning momentum
• New construction is already at 9,000 euros/m²

Manager Magazin on the real estate boom in rural Germany

There are also new headlines this week from Manager Magazin such as “Aspen, Alps and Co: The most expensive ski resorts in the world” as well as “Rising market prices around big cities: real estate boom reaches the flat countryside”. More headlines:

• Rising market prices in the environs of the big cities: real estate boom reaches the flat countryside
• Aspen, Alps and Co: The most expensive ski resorts in the world
• Metropolis sues Airbnb: Paris demands millions from Airbnb for ‘illegal’ accommodation

Share prices: Winner of the week

German Geothermal Real Estate

German geothermal real estate with +20.00% this week (real estate in Germany) distributed on €1.45 million

• Price change (week): +20.00 % (€ 1.00) to currently € 1.20
• Daily rate: +9.09 % / Monthly rate: -34.78 % (1.84 €)
• 3 months: -7.69 % (1.30 €) / 12 months: -62.50 % (3.20 €)
• WKN: A16122 / ISIN: DE000A161226

Dream Global Real Estate Investment Trust

Dream Global Real Estate Investment Trust up +6.14% this week (real estate in Canada) with a volume of €1.15 billion

• Price change (week): +6.14 % (€ 8.63) to currently € 9.16
• Daily rate: +2.35 % / Monthly rate: +12.81 % (8.12 €)
• 4 months: +4.09 % (8.80 €) / 13 months: +18.19 % (7.75 €)
• WKN: A1131Y / ISIN: CA26154A1066

Godewind Real Estate

Godewind Immobilien up +4.18% this week (real estate in Germany) listed on CDAX, Prime All Share, Classic All Share, DAX International Mid 100 with a volume of 108.8m (as of 24.09.18) and a market capital of €395.3m

• Price change (week): +4.18 % (€ 3.489) to currently € 3.635
• Daily rate: -1.62 % / Monthly rate: +8.41 % (3.353 €)
• 5 months: +30.29% (€2.79) / 14 months: (-)
• WKN: A2G8XX / ISIN: DE000A2G8XX3

What is the best way to search for a new construction apartment? All definitions: all terms.

Before you start looking for a new-build apartment, you should define your own wishes and list the criteria for selection. How big should the apartment be and how many rooms should it have? Do you want to live in the city centre or in a neighbourhood on the outskirts? Do you prefer an open-plan kitchen/living room or should the rooms be closed off? These are all questions you can answer when buying a new build apartment under construction or in the planning stages. The advantages are clear. If you buy before construction and exercise your right to have your say, your new construction apartment will be built specifically to your specifications. A large kitchen island with a connection in the middle of the room is possible, as is the open living area that connects directly to the dining room and flows into the kitchen. To find a suitable new construction home in your price range and preferred location, you should rely on the core expertise and quality of a local real estate agency. You’ll save a lot of time, opt for a smooth process from the first meeting to the handover of the apartment, and have the guarantee that your specifications will be met and the rooms designed to your standards. If you are looking privately, buying a new-build apartment can be very complex. This circumstance leads to challenges with previously built apartments as well as the new construction apartment that currently exists on paper. Many prospective buyers wonder if viewing the model apartment will provide any real information about their own home. Builders follow a clear concept, so you can easily infer your ownership from the show flat and see the materials used, the construction method and the fittings in advance. If you have any special requests, for example in terms of security and networking, you can tell your agent your own ideas. At Lukinski, we act as an interface between the owner and you when you instruct us to assist you with the purchase of a new-build apartment.

Purchase and rent: Conclusion of contract before completion not unusual

In the past, you would view an apartment and then consider whether renting or buying was for you. Today, it is not uncommon to buy an apartment that has not yet been built or to sign the lease for the new building during the planning phase. The practice is a little unusual, especially for owner-occupiers, and raises some questions. Investors and equity investors generally buy new build apartments using this method, securing the best deals that will be available in a neighbourhood. It is well worth it if you are interested in a rental apartment or condominium in new construction, don’t wait until the property is ready. After all, the apartments are in demand and if you wait too long, all the listings could already be sold and rented. To take away the uncertainty and inform you of the practicalities of selling before completion, we at Lukinski recommend a consultation with a real estate expert. He or she can then take care of your concerns right away and help you reserve the new construction home you want. In this case, all contractual transactions are carried out directly through the real estate agent, so that you do not have to check mountains of files or deal with the legal specifics. We offer you a competent handling in the new building and make sure that the purchase or the renting proceeds to your fullest satisfaction.

Offer new construction apartments – tips for builders and owners

As a builder, you don’t have to wait long for interested buyers. Nevertheless, it is advisable to offer new-build apartments via a real estate agency with a local presence. This assignment underlines your serious intentions and relieves you in the administration. While you concentrate on your core business, the construction of the new apartments, we at Lukinski are the contact for all inquiries and reservations. We arrange viewings, inform buyers about the current status and are happy to forward builder-specific questions to you. Even completed new apartments should be professionally marketed. As an owner, you are faced with extensive tasks, such as checking the creditworthiness of prospective buyers. In order to appeal to potential buyers, the professionalism of the exposé and the pictorial presentation play an overriding role. A clear presentation of the equipment, the energy consumption and the possible internet speed are also essential decision criteria. This is followed by an emotional and at the same time professional text that describes the newly built apartment in detail and increases interest. You can be sure that numerous interested parties will contact you immediately and request more detailed information or an appointment to view the property. At that moment the most time-consuming part of the work begins. As a real estate agency, we are there for you from the beginning and accompany your project until all apartments in the new building are sold or rented and the contract signings are legally binding. By pre-selecting solvent buyers and tenants, you can make an easy decision and rely on our expertise and core competencies. Lukinski is your one-stop shop when it comes to new construction apartments and your search for owners or tenants.

Newly built apartment as a capital investment for rent

Due to its enormous and continuously increasing popularity, the new-build apartment is a good capital investment. You already own property and are considering how to provide for your retirement and opt for a profitable investment? Due to the immense demand for new build apartments, you don’t have to worry about renting them out in a timely manner. Buying is definitely worthwhile and offers you an investment that will generate long-term returns and give you some tax benefits as an owner. You can write off the initial investment for tax purposes, so it’s also worth getting low-cost financing to buy a new-build apartment. By renting it out later, you will earn the principal and interest, allowing you to benefit from a short loan term. After just a few years, the rental income will flow into your coffers and your capital investment will pay off. In the bank, the money doesn’t earn interest and housing is a scarce resource. Combining these two thoughts, you are making a decision in the present that will pay off in the future and provide you with a financially secure retirement. The new building will increase in value, so that you can also consider selling the property at a later date. We will be happy to advise you and show you innovative ways to invest in new construction and make a capital investment with guaranteed appreciation.

Luxury and comfort: the differences

The most striking difference between new-build apartments with luxury and comfort fittings can be seen in the price per square metre. In both cases, the highest quality materials are used, so that there is hardly any visual difference. Comfort apartments are preferred for owner-occupancy, as they are less expensive to purchase and carry a lower loan burden. If you are thinking about investing, you should take a closer look at the luxury segment and exceptional locations. The possibilities are many, as builders are creative and always coming up with new ideas. We advise prospective buyers and owners on luxury and comfort apartments in new buildings. In the exposé, we precisely highlight the differences and, at Lukinski, ensure that you address the right target group. Both segments are experiencing an unstoppable boom and are projects with which you make a decision in the present for advantages in the future!

Newly built apartment for sale and purchase through real estate agency / Lukinski

Expertise and know-how are an advantage when looking for or selling new-build apartments. New construction is the residential trend of the future and therefore not only interesting for owner-occupiers. As an owner, you can optimise the purchase price by exuding professionalism from the outset and having the offer and sales process handled by experts. At Lukinski, we are also the right contact for apartment seekers interested in new construction. We can save you time and help you fulfil your dream of owning your own four walls in a timely manner. Looking for a buyer or looking to purchase a new construction home? Contact Lukinski and we will make your order a reality. After contacting us, you don’t have to worry about anything else: we offer you the best real estate service.