Own use at a glance

• Cancellation of the rental contract in order to move into the apartment yourself or for family members
• Long notice period to protect the tenant
• Exceptions for hardship cases such as single parents or families with children
• Own requirements in English

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Animals (Neighborhood Law) at a Glance: Master’s darling

• Keeping animals is a socially adequate behaviour and is associated with noise, which is why it is to be accepted with regard to neighbourly consideration.
• The border is crossed where the keeping of animals leads to an unacceptable disturbance of the neighbours.
• These include, but are not limited to: dog breeding of more than two dogs, crowing roosters if they exceed the noise guidelines, and intensive animal husbandry if there is an odor nuisance.

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Am I allowed to keep animals in the rented flat?

Keeping of animals allowed according to tenancy law

Pets forbidden? This is how you defend yourself against the landlord! Calculate the yield: net rental yield.

Keeping dogs in the rented flat

Exotic animals

10 things your landlord is not allowed to do, but does anyway!

Divorce without separation year – hardship divorce in special exceptions

When a marriage is divorced, one fact is a basic requirement: the separation year. This is required by law to prevent hasty and ill-considered decisions and to protect the institution of marriage. However, in special exceptions, a divorce without a separation year is possible. Which exceptions are these, what they have for requirements and how such a divorce proceeds, you will now learn!

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

The most important at a glance

• The law regulates divorces in regular and exceptional cases. The exceptions refer to the hardship regulation and the hardship clause.
• Exceptional cases are to be avoided by the law and are to be used only in absolute emergencies
• The separation year is intended to protect against hasty decisions. The year should be used by the spouses to think through the decision to divorce thoroughly and to make a rational decision.
• A hardship divorce does not follow any precise legal guidelines. Whether there is a reason for a hardship divorce is always decided in the individual case.
• There are certain requirements that can help judges make a decision
• Before a hardship divorce is decided by a judge, other alternatives may be considered. One possibility is court-ordered mediation, which attempts to resolve conflicts in advance and eliminate the reason for the hardship divorce.

Divorce according to the law – regular and exceptional cases

The law regulates divorces in two regular and two exceptional cases. The first rule is the acceptance of a failed marriage after both spouses have filed for divorce after a year of separation or one spouse agrees to the divorce petition of the other spouse. The second rule case describes the situation after one spouse has filed for divorce but the other does not consent to it. Here, the law states that after three years of separation, the consent of both partners is no longer required and divorce can be granted as it can no longer be assumed that the marriage is salvageable. In both cases, it is irrefutably presumed that the marriage has failed.

The family court now knows two exceptional cases from the regular cases of divorce. The hardship clause describes the early divorce, before the end of the separation year and the hardship clause describes the maintenance of the divorce in the interest of the common children or because of the special situation of the spouse.

• The law regulates divorces into regular and exceptional cases
• Exceptional cases are to be avoided by the law and are to be used only in absolute emergencies

The separation year – the meaning and purpose

However, the hardship divorce is the absolute exception. The legislator sees marriage as a contractually binding relationship that both parties have entered into consciously and permanently. The separation year is intended to prevent divorces that are entered into lightly and to create time to think through this important decision thoroughly. Thus, dissolution of marriage is only possible after the separation year has expired and even then only with the consent of both spouses. If one continues to see a chance of reconciliation, the divorce can only be carried out after three years without the consent of both partners. The legislator thus understands the hardship divorce as an absolute exception and the separation year as a necessity and rule.

• The separation year should protect against hasty decisions
• The year should be used by the spouses to thoroughly think through and rationally make the decision to divorce.

The requirements – the founders for hardship cases

There are no binding guidelines for a hardship divorce and the rulings are always individual decisions. However, the starting point must be the special situation that justifies a hardship divorce. The applicant must therefore be able to present and also prove important founders for the case of hardship from the very beginning. Some requirements that must nevertheless be observed as a general rule:

The failed marriage

Even in the case of a hardship divorce, the family court judge must formally examine in advance whether the marriage has failed. An equation of a failure to restore the marriage and the unreasonableness of the marriage must be avoided in this context.

The spatial separation

The separation must also be established as such by the family court judge. In this case, it is expedient if the spouses live spatially separated. As a rule, living in the joint marital home speaks against the hardship divorce.

The important reason in the person of the other spouse

The important reason justifying the hardship situation must always lie in the person of the other spouse. If, for example, one spouse only wants a divorce in order to marry his/her new partner, there is no important reason in the person of the current spouse and the reason is not sufficient for a hardship divorce.

The detailed description of the reason

The important reason for the hardship divorce must be described in detail by the spouse. A simple assertion is not sufficient here. The unreasonable hardship of the situation must relate to “continuing to be married to each other” and not only to an irrelevant situation. The duration of the marriage is irrelevant and has no influence on the result.

Whether a case of hardship exists or not must therefore always be decided depending on the individual situation. For a better understanding, cases that were rejected for a hardship divorce help. No hardship cases are therefore present if:

• Mere difficulties, disagreements or needs exist, as they do in every marriage from time to time.
• Constant friction, repeated absences or a lack of understanding of each other’s concerns are present.
• There is a desire on the part of one spouse to enter into a new marriage
• Household management is neglected or jealousy scenes are constantly coming from one partner without reason
• A marriage of convenience exists and was only entered into in order to obtain a residence permit for the foreign spouse.
• Marital fidelity has been breached or if one spouse is living in a marital relationship with another partner.

When it comes to hardship divorces, it is often a tightrope walk. The individual situation is decisive for the decision of the family court. Depending on the reason, different judges have already made different decisions. Whether a situation is therefore grounds for a hardship situation cannot be answered across the board.

• A hardship divorce does not follow precise legal guidelines
• Whether there is a reason for a hardship divorce is always decided in the individual case.
• There are certain requirements that can help judges make a decision

Alternatives to hardship divorce – court-ordered mediation

However, there are other alternatives besides a hardship divorce. One of these is a court order to attend mediation. The judge can order the spouses to attend a free information session on mediation, either individually or jointly, and to provide a certificate for this.

Mediation is a means of peaceful conflict resolution that is designed to help spouses resolve problems. A neutral third party helps the couple resolve difficult conflicts and find a new way forward. This alternative is often used when joint children are involved in the divorce. With the help of this alternative, the court hopes for a peaceful resolution of the problems and to avoid a hardship divorce.

• Before a hardship divorce is decided by a judge, there are other alternatives that can be considered
• An alternative is court-ordered mediation, which attempts to resolve conflicts in advance and eliminate the reason for the hardship divorce.

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