The separation year – necessity, benefits & reconciliations

The separation year is intended to give spouses one last chance for reconciliation and enough time to think about this life-changing decision. The law provides many guidelines here that couples must adhere to. Lukinski’s experts reveal exactly how the separation year works and how couples can make the divorce process the easiest. Common issues in divorce are mainly:

• How soon can you file for divorce?
• How soon can you get divorced again?
• How much does the divorce cost?
• What all do you need for the divorce?

You can find all the answers a little further down the article!

• Tip! Newly separated? Our guide with tips on sellinga house and apartment in the event of divorce

The basis – Why a year of separation at all?

Marriage and the family are regarded as one of the most important social institutions in the legal system. The separation year is therefore intended to act as a preventive measure against possibly wrong, purely emotional and only temporary decisions that could be regretted afterwards. Even though the separation year is seen by many married couples as harassment or a pure burden, the intention behind the regulation is clear, to review and possibly revise the decision in the given time. In addition, the time is useful to take care of some matters that are important for the divorce process going forward. Although there is a requirement to prove that the separation year has been completed, it is not possible to apply to the court for the start of the year or have it notarised. It therefore makes sense to record the beginning in writing.

A shortening or even a complete omission of the separation year can only be brought about by a hardship decision of the court according to § 1565 paragraph 2. An example of such a decision can be extreme domestic violence, which the court classifies as undue hardship.

• The separation year should be considered as a reflection period for the couple
• The shortening of the year of separation is only permitted in special cases.

Attempts at reconciliation – the guidelines in the law

Attempts at reconciliation during the separation year are certainly permitted. However, these are subject to certain guidelines. Attempts at reconciliation that do not last longer than three months do not lead to an interruption of the separation year. The time during which the separation was interrupted therefore counts towards the 12 months of the separation year. For any attempts beyond three months, the family court will assume that the couple have reconnected. The couple also has the option of withdrawing the divorce petition themselves within this year. If the divorce is still to be carried out after this period, a new petition for divorce must be filed and the separation year starts all over again.

• Attempts at reconciliation are permitted, but are subject to certain guidelines
• Reconciliations of less than three months do not interrupt the separation year

The benefit – this is what you should arrange in the year

The separation year should not only be used to review the right decision, but can also be used to arrange important things for the divorce. These things include, for example, insurance. In particular, health insurance should be rewritten and amended, since spouses are usually insured together in a family insurance. However, joint rental agreements for real estate must also be amended and rewritten at an early stage. In addition, the joint bank accounts, if any, should be separated and joint financial obligations, such as credits and loans, should be resolved.
Probably the most important, however, is the divorce settlement agreement. This can be determined by the spouses during the separation period in order to avoid costly negotiations before the family court. In this agreement, practical matters such as contact with the children, their maintenance and custody, as well as their own maintenance, the handling of property matters and the equitable division of household goods are regulated. If the spouses are in agreement, this document will help with a quick and inexpensive divorce. The document must be notarized by a notary and always be set down in writing.

• The separation year can be used to clarify important things for the divorce
• A divorce settlement agreement can be drawn up by the couple

Divorce – separation year, application & costs

Divorce – amicable or in dispute

Divorce can happen in two different ways. There are contested divorces and amicable divorces. The court decides how a divorce is to proceed. If the couple has already drawn up a divorce settlement agreement in the year of separation and clarified all relevant points in private, it is an amicable divorce, as the two parties are in agreement. In such a case, only one lawyer is needed and the costs for the court are much lower. Such a divorce is probably also the most pleasant for the spouses, as they do not part in a dispute. However, a contested divorce proceeds differently. If the spouses could not agree in advance on the issues to be discussed, they will be resolved in family court. In this case, both parties need a lawyer, which is a major cost factor. Points of dispute, such as custody of the joint children or the handling of property matters are discussed with the parties by the judge and then determined. A divorce in dispute is probably never a simple matter and can often drag on for years.

• Amicable divorces are inexpensive and easy for the spouses
• Contentious divorces can often be difficult and costly to resolve

The most important questions about divorce with separation year

Especially in the case of contentious divorces, the legal situation is not always clear and there are many unanswered questions for the spouses. So that you know exactly about the regulations around the separation year, the experts of Lukinski answer the most important questions.

Can you file for divorce before the separation year?

In principle, the divorce can only be filed after the separation year, because according to German law, the spouses must live at least one year apart before the divorce may be filed. Only in special exceptional cases, the divorce can be filed before.

How long does it take from divorce petition to divorce?

The length of the divorce usually depends on whether it is amicable or contested. Amicable divorces can take between one and six months, while contested divorces can take more than a year.

Can the divorce be denied?

Divorce can be refused by the spouse in principle. However, this is not possible on a permanent basis, as a compulsory divorce can be decided by the court after three years at the latest.

How to shorten the separation year?

The separation year cannot generally be shortened. Shortening or omitting the separation year is generally only possible if there is evidence of hardship.

How much does a simple divorce cost?

The costs of a divorce are determined by the court and are based on the value of the proceedings. To calculate this value, the income and assets of the spouses are included.

Who pays the costs in a divorce?

The court determines the costs of the proceedings, including the lawyer’s fees. These are divided so that each party pays its own legal fees and half of the court costs.

What all do you need for the divorce?

The following documents are always required for a divorce: Marriage certificate or family record book in the original or certified copy, the birth certificates of the minor children and possible marriage contracts and/or divorce settlement agreements.

Real estate agent & consultant: divorce and talks

Many of our clients discuss the sale of their property with us in advance of the divorce. Why? The sale of a house or a condominium takes a lot of time. All formalities should be known in advance, so that afterwards, after the separation, no unpleasant surprises arise. As a real estate agent in Frankfurt, Berlin or Cologne, you are often confronted not only with questions about the process of selling a house, but also with general questions that arise in the run-up to a divorce.

Divorces happen for a variety of reasons and at all stages of a relationship. No matter if it is the first month after a hasty wedding, the famous darn seventh year or the divorce after decades, in the second half of life.

Top 5 reasons for divorce

1. Married too fast – pressure
2. Lack of communication
3. A new partner
4. Mistake of the other
5. Disinterest in one’s partner

Married too fast – pressure

As just mentioned, the couple did not marry 100% for love, but because it was rushed or because their own environment around family and friends built up pressure. Some also got married because they built up pressure on themselves, just before 30 or even much earlier, for example with the first boyfriend or girlfriend. When one’s own will was not fully there, many couples separate.

Lack of communication

Lack of communication in married couples is a very common reason, especially in relationships that have existed for a long time. When “man” is again only with the friends on the road and no longer find time for tenderness or when the “woman” prefers to be at home, cuddling and watching series on Netflix. Theoretically, this is all no problem, as long as the spouses still talk and communicate with each other beyond the kitchen table.

A new partner

The “new partner” who will make everything better. Those who have settled down want to experience something “new”. Many look for hobbies or go on vacation. But some are on the lookout for a new partner who will make everything better. Here, the communication may be there, but the inner desire becomes too great. Not only with private persons, also with big stars one experiences these outbreaks from relationships.

Mistake of the other

Who always only looks for faults in the other, will not be happy. Who is pessimistic and only looks for the hair in the soup, will not become happy. Nobody is perfect, nobody. Accordingly, small flaws and mistakes belong to us. Much more: they make us who we are. They make us unique and special. But not everyone sees it that way. If you assume that everything that can go wrong will go wrong, you risk losing your partner.

Destinterese at the Parnter

This results in another common reason, disinterest in the partner. Who no longer shows interest in the spouse, which has either already given up or he or she takes the partner for granted. It is so important to constantly show the other again, that he or she is something special for you.

You see, whether escape from the marriage at the smallest problems or the lack of interest and the laziness to woo the other after marriage, the reasons for divorce are many. Who is in such a life situation, which needs allies on the side to reorganize and restructure their own life.

Even in such situations we are at your side with advice and action.

Statistics: Separation and divorce

You can find more statistics here: Real Estate Statistics.

Number of divorces in Germany

Number of divorces in Germany from 1990 to 2017

You can find more statistics at Statista

Number of divorced marriages by duration of marriage

Number of divorced marriages by duration of marriage in 2018

Average number of marriages to one divorce

Average number of marriages to one divorce in Germany from 1951 to 2017

You can find more statistics at Statista

Average age of divorcees at the time of divorce

Average age of divorcees at the time of divorce in Germany from 2000 to 2018

You can find more statistics at Statista

You can find more statistics here: Real Estate Statistics.

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

Frankfurt-Nordend: Modern district full of art nouveau buildings

With a population of around 750,000 and an area of just under 750 square kilometres, Frankfurt am Main is one of Germany’s major metropolises. The thriving financial market offers exciting career opportunities, while the many green spaces, art halls and the banks of the Main invite you to spend a relaxing afternoon away from work. The metropolises of Cologne and Düsseldorf are also not too far away, making Frankfurt one of the most attractive places to live in Germany. Whether it’s an exclusive loft in the Westend, a spacious semi-detached house in Offenbach or a luxurious villa in one of the most expensive streets in Frankfurt – everyone is at home here.

District: map and location

The streetscape of Frankfurt’s Nordend is not at all characterised by the typical Frankfurt skyscrapers. Apartment buildings and townhouses offer space for families, retirees and singles alike. Directly adjoining the Nordend is the well-known Westend, where banks such as UBS, KfW and more, as well as large consulting firms such as the Boston Consulting Group have their offices. Without question, one of the largest economic centers of the Rhine-Main area is located here and this is also reflected in the real estate prices. For around Glauburgstrasse, which is located in the Nordend, real estate prices are comparable to those in the Westend and the Innenstadt district. The former working-class district of Gallus is also not far away, as is the popular residential area of Frankfurt-Ostend.

Sell real estate: Apartment, house, apartment building

You are divorcing your spouse and now you have to sell the house? You have inherited a house, but you want to sell it? You want to move back to your home and want to put your property on the market? There are numerous reasons for wanting to sell your property. However, you should never underestimate how time-consuming and complex the sale of a property can be. This makes it all the more important to get professional support, who will advise you, accompany you and give you a helping hand right from the start. An experienced estate agent will not only guide you through the selling process, but will also advise you on taxation and finance. An experienced real estate agent is also familiar with the different types of houses and apartments.

More on the subject of selling in the North End in a moment. Here is an overview in advance, with further information and tips:

• Sell apartment
• Sell house
• Sell apartment house
• Sell land
• Overview: Sell real estate

One of the most important steps in selling real estate is the appraisal of the property.

Real estate valuation: Valuation for the sale of real estate

The district in which the property is located plays a central role in the selling price of a property in Frankfurt a. M.. Not only the security of the place of residence, but also the infrastructure, the standard of living and the current demand, play an important role in the valuation. For an initial, non-binding valuation of your property in Frankfurt am Main, talk to a real estate agent you can trust. Many years of expertise in the real estate market enable the real estate agent to realistically estimate the purchase price – ideally, of course, with the necessary discretion.

You can find our free guides on property valuation here:

• Rate apartment
• Rate house
• Rate apartment house
• Valuing property
• Overview: Valuing real estate

Selling property in Nordend: Procedure, documents & valuation

Do you own a property in Frankfurt Nordend? Then you have a property in the Hessian Rhine Main area along the beautiful Main. The old town with its medieval flair impresses residents and visitors alike and offers a unique ambience due to the history that can be felt everywhere. Real diamonds can also be found here, as the residential area close to the city centre is quiet and pleasant despite the fast pace of Frankfurt. You now want to buy a property somewhere else? Or do you now want to invest in real estate as a capital investment, buy an apartment building and then rent it out lucratively? Whatever the reasons for your sale, you want to sell your property not only efficiently, but also quickly. To help you achieve this, you will find all the information you need here about the process, the most important documents and the property valuation.

Real estate sale procedure: apartment, land & apartment building

Selling your house is best done with an expert on your side. Do you know all the points to consider here? How does the process of selling a house work? Modern Nordend, upscale Gallus or exclusive Westend: The process of selling a property remains the same in all districts.

Here is an overview of the most important steps:

1. Realistic time planning and considered strategy for the sales phase
2. Sale with or without a broker?
3. Do you have all the documents for the sale?
4. Is your property ready for sale?
5. Is the sales price you have set realistic?
   … now it goes into the sales phase
6. Plan marketing strategy for the property and place targeted advertisements
7. Establish contact with interested parties and prepare for questions
8. Prepare for questions and establish contact with interested parties
9. Arrange and carry outviewing appointments and market the property convincingly
10. Sales talks with interested parties and checking of creditworthiness
    … now comes the sales processing
11. Draw uppurchase contract and prepare for signature
12. Appointment for notarization at the notary and handover to the new owner

Create Exposé: Important real estate data

Describe your property! This is not only important for the creation of the exposé, but also for the property valuation. Enter the relevant data of your property in our online form. The more information you provide, the more accurate your result will be.

• Real estate type
• Size of the plot (m²)
• Layout of the plot
• Living space (m²)
• Number of floors (without kitchen, bathroom)
• Age of the property
• Planned sale (date)
• Location (postcode, street, house number)
• … or simply rate online

Our tip: In order to increase the value of your property, a renovation or refurbishment with the help of a craftsman, architect & Co. can be well worthwhile. An experienced real estate agent can advise you on this.

Analysis: Fast evaluation & reliable results

We analyze your real estate with and without land. Our expert determines the value of your property based on experience, regional characteristics and through our extensive database. If you have any questions, we will contact you by phone. Start your property valuation on Lukinski now.

• Quick evaluation
• Simple overview
• Flexible via mail or telephone
• Reliable results
• High quality market analysis

Real estate agents in Frankfurt: Background knowledge and experience

So if you own a property in Herborn, you should definitely have the value of the property assessed by a professional and not set the price without precise local and industry knowledge. If you sell your property without the support of experts, it can quickly happen that you ask for a much too low sales price and end up dissatisfied. Real estate agents know the current market situation in Herborn and have enough experience to be able to estimate how the market will still change in perspective. All these aspects are enormously important to set a price, which is why a realtor is indispensable. The one-time investment in professional assistance can net you significantly more money when selling your property. Don’t take unnecessary risks by trying to conduct a private sale, which also adds a lot of stress and time.

• Real estate agent Frankfurt

Inheritance of a property: costs, deadlines & Co. in the event of sale

Whether in Nordend, Ostend, Gallus or neighbouring Offenbach – a death is always a stroke of fate that, in addition to grief, leads to excessive demands and stress for many people. Anyone who then also has to look after an inherited property can quickly run into difficulties. Regardless of whether you want to live in the property yourself, sell it or rent it out – you should get good advice beforehand. Below you can find out all about what is important when you inherit a property.

Inherited real estate: change in the land register

Once a property is inherited, the first question that arises is: what happens to it? So if you don’t want to move into the property yourself after inheriting it, you can sell it or rent it out.

Important after the inheritance: Change in the land register!

You are not the sole heir? Then you should first talk to the other heirs. Often the sale of the property is also worthwhile here, as the proceeds from the sale of the property are divided equally between the heirs. It is also important for you to know that a change in the land register is necessary after the inheritance. This change in the land register allows the transfer of ownership of the property and can be applied for at the local court. The certificate of inheritance should suffice as proof. After verification of the certificate of inheritance, the property will then be registered in the land register as your property. This process should be done within two years, as the change in the land register will be made during this period at no cost. Again, get help from experts such as estate agents. They know their stuff and can offer you the right advice.

Here is an overview of the steps for changing the name in the land register:

• Submission of the certificate of inheritance on the part of the heirs
• Application to the local court
• Verification of heirship
• Change in the land register

Real estate valuation: house, apartment & land

If you have inherited a property, you should also inspect it quickly, because whoever owns a property is also responsible for it – seen or unseen. So take a good look at the property and the land and let the estate agents accompany you: four eyes always see more than two and you can benefit from their experience and expertise. We can also help you to obtain the necessary energy certificate, which analyses the heating and building fabric. In addition, it indicates how you can optimise the efficiency in terms of energy in order to save energy and protect the environment.

Always enlist the expertise of a real estate agent for your property appraisal!

Brokers will help you to find out whether these optimisations can be worthwhile and prepare the certificate for you together with an exposé for the sale. Should you decide to carry out an energy refurbishment, you may even be able to receive government subsidies.

Property in disrepair: accept or reject inheritance?

Now, it can also happen that you find out that the property to be inherited is in a very bad condition or that you get into debt by accepting the inheritance. Then it can be helpful to disclaim the inheritance, because you do not have to accept it. Within six weeks of becoming aware of the inheritance, you can disclaim it, but then you must not accept only a share. A notary or real estate agent can give you more detailed advice on this.

In case of indebtedness due to inheritance, it is advisable to renounce the inheritance

Real estate inheritance as an investment: Selling & Letting

In summary, anyone who inherits a house should think carefully about what they want to do with the inheritance, because it can have a major financial impact on you. It can also be advantageous for you to rent out the property if, for example, the income from the rent would exceed the expenses, the property is well maintained or is also in a good location. However, renting out is a permanent process that can take a lot of effort over many years. Therefore, there is a lot to be said for selling a property.

It makes sense to sell the inherited property if, for example, you do not want to take out a loan for a large sum of money, you are not in a position to bear the loan for the property, you inherit together with other heirs who want to sell, the demand for a property in the area is high, property and rental prices are low and could fall even more or you yourself live very far from the property.

Selling real estate makes sense in the following cases:

• Joint inheritance
• High demand of a property
• Low property and rental prices
• Too great a distance between personal residence & property

Inherit property: Deadlines and costs

To ensure that no deadlines are missed, you should also rely on specialist knowledge in this area. In the event of an inheritance, a number of deadlines should be observed. These deadlines often begin with the opening of the will. In addition to the time limit for making a will, there is also a time limit for rejecting an inheritance, which is of course just as much your right. If the testator did not live in the same country as you, other deadlines apply. Once the inheritance has been accepted, it can no longer be rejected, unless there is a well-explained exceptional case. A careless acceptance of the inheritance or a rash and hasty decision can cause high costs, which can be avoided with us.

Tip: Have your inheritance analysed in detail by experts so that you can accept it with a good feeling!

Have your inheritance analysed in detail by experts so that you can accept it with a good feeling. They will also talk to you in detail about a possible refurbishment or renovation if they consider it worthwhile. Private individuals who don’t use an estate agent to do this can find the inheritance costly if they don’t take all these points into account or don’t factor in important influences. Experts can also help you to reach agreements with the other heirs and to extract benefits for all concerned.

Avoid costs with real estate agent

Unfortunately, by now almost everyone knows that an inheritance not only brings profit, but can also cause costs. If the inheritance is a property, inheritance tax may be payable. Whether and how much this will be depends on whether the value, which is determined by the tax office, is above the tax allowance, which varies depending on the relationship. In addition to inheritance tax, property tax can also incur costs, which is why it is important to find out which insurances and also other costs are due in the case of inheritance. As you can see, inheritance tax law is very complex and not so easy to understand.

Learn more here: Taxes in Germany

There are in fact different inheritance tax classes according to which the amount of tax payable depends. Basically, it can be said that the tax rate and the allowances depend on the degree of relationship. There are also cases in which inheritance tax does not apply at all. Here, too, you can rely on our expert knowledge!

Frankfurt am Main: Real estate in the financial metropolis

Frankfurt is definitely the most impressive German city. If you stand in the Frankfurt city center, you drive in here, the skyscrapers are something very impressive. This makes the city seem twice as big as Berlin, three times as big as Munich and four times as big as Cologne. The attractive location directly on the Main and in the centre of Central Europe continues to attract people from all over Germany and the world to the city. Frankfurt a.M. is known for its unique skyline, skyscrapers and a thriving financial market. But the city offers so much more. Museums, green spaces, the opera, art halls. Culture as far as the eye can see.

Real estate in Frankfurt

With its opera, theatres and museum mile, Frankfurt has everything that high culture needs. In addition, a decent gastronomy scene, which in terms of internationality has no comparison in the world. There are beautiful parks in the city, as well as the zoo and the Palmengarten, so that you don’t have to leave the city for a short rest. The banks of the Main River invite you to stroll along, in addition to the chic shopping galeries. The skyscrapers are also an attraction in themselves. And if you visit one of the numerous festivals in the summer, it’s hard to get away from the view of the skyline.

• Real Estate Frankfurt

Living in Frankfurt am Main: Popular districts & residential areas

With a population of less than one million, the metropolis in the Rhine-Main region is known worldwide and is home to Germany’s second largest airport. No wonder, after all, Frankfurt is considered an attractive place to live. While the up-and-coming Gallus convinces with its hip flair and excellent location, the Westend and Nordend inspire with their elegant charm paired with historical flair. Find out everything about Frankfurt’s most popular districts, their locations and prices per square metre here. To the overview: Living in Frankfurt am Main

• North End
• West End

Sell, buy and live in Frankfurt am Main

Whether modern Nordend, up-and-coming Gallus, international Westend or the popular neighbouring town of Offenbach, with the current price trend it is worth selling your property in Frankfurt! You want to sell your apartment, your apartment building or your land in Frankfurt? Find out here what you need to bear in mind when selling your property in Frankfurt. In addition: Our free guides and tips on the topics of property valuation, off market and all prices per square metre in Frankfurt – Welcome to Frankfurt! To the overview: Selling real estate in Frankfurt.

• Gallus
• Ostend
• North End
• West End
• Offenbach