Step by step to divorce – separation year, procedure and joint children

A divorce takes place through the application of one or both spouses and through a court order. For this, among other things, a divorce petition must be filed with the family court, the separation year must be gone through and important issues must be clarified. The exact course of the divorce is determined by how the spouses deal with each other.

The most important at a glance

• The separation year is intended as a period of reflection for the couple. The shortening of the separation year is only permitted in special cases
• Amicable divorces take less time and cost less. Contentious divorces often drag on for a long time and can be very nerve-wracking
• The petition for divorce is filed by the petitioner, i.e. the spouse wishing to divorce. With the help of a notary, the equalisation of pensions can be excluded or made more specific.
• 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.
• A divorce should be openly communicated with children in order to give them clarity. A conflict of loaylity for the child should be avoided at all costs.
• The law no longer requires grounds for divorce since 1977. The most common grounds for divorce include infidelity, violence in the relationship or quarrels

The separation year – the legal requirements

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 if the separation year is seen by many married couples as harassment or pure burden, the intention behind the regulation is clear. The decision should be able to be reviewed and possibly revised in the given time. In addition, the time is useful to take care of some things that are important for the further course of the divorce, such as the divorce settlement agreement.

Although there is an obligation to prove that the separation year has been completed, it is not possible to apply to the court for the beginning of the year or to 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 for 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
• Shortening the separation year is only permissible in special cases

Contentious or amicable divorce – the initial question before divorce

The family court generally decides whether a divorce is amicable or contested. If a divorce is amicable between the two spouses, the divorce proceedings are very simple. If the separation year is completed, only the divorce and the pension equalization, which is usually carried out ex officio, must be decided. In such a case, one lawyer is sufficient for both spouses, which saves enormous divorce costs. Often even an online divorce for the spouses offers itself, whereby the time expenditure is enormously minimized and the costs are kept low. An amicable divorce can be greatly favoured by a divorce settlement agreement, which is already drawn up by the spouses during the separation year.

If there is a contested divorce, both spouses are required to be represented by their own attorneys. This increases the divorce costs for both parties enormously. The proceedings in contested divorces usually take longer than in amicable divorces and involve higher costs.

• Amicable divorces last shorter and cost less
• Contentious divorces often drag on for long periods of time and can be very nerve-wracking

The procedure – divorce petition and pension rights adjustment

Regardless of whether a divorce is amicable or contested, the petitioner, i.e. the spouse seeking a divorce or his or her law firm, files the petition for divorce with the competent family court after the end of the separation year. This petition shows whether the divorce is contentious or amicable. If it is disputed due to consequential matters (with the exception of pension equalisation), further applications concerning, for example, maintenance, are also submitted with the divorce petition.

In the next step, the court formally serves the other spouse, i.e. the respondent, with the divorce petition and, if applicable, the petitions on the subsequent matters. In the case of amicable divorces, it is now up to the respondent to inform the court that the information in the petition is correct and to declare that he or she will consent to the separation. In contested divorces, it is usually the respondent’s solicitor who takes a position on the divorce petition and the consequential matters.

In most divorces, the equalisation of pensions must be carried out by the family courts. This regulates the entitlements and prospects of a pension due to old age or reduced earning capacity that the spouses have acquired during the marriage. Marriages of up to three years must apply for pension equalisation, all others can exclude it before the notary or structure it more closely. If such equalisation is carried out, the spouses must fill in the forms required by the court, sign them and send them to the family court within a time limit. The court then sends these forms to the pension providers in order to clarify the claims to a pension that arose during the marriage.

In the case of amicable divorces, the divorce date is agreed after the forms have been received. Disputed divorces must clarify the subsequent matters in advance, otherwise the divorce date may be postponed further and further.

• The petition for divorce is filed by the petitioner, i.e. the spouse who wishes to divorce.
• With the help of a notary, the pension equalization can be excluded or more closely structured.

The divorce settlement agreement – the content and the regulations

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.

Divorce with children – communication and the conflict of loyalties

The divorce should be openly communicated by the parents with the children. This is best done in an open conversation before the divorce, where the children have the opportunity to ask questions and have enough time to adjust to the situation. Presenting children with a fait accompli only leads to lasting confusion and lots of unanswered questions. Such a conversation is also necessary for children who are already old enough to suspect a separation through previous behaviour, as otherwise unanswered questions remain and loyalty conflicts may arise. Openness is very important in this situation to avoid disputes and ambiguities.

No matter how much the parents quarrel or how great the resentment towards the ex-partner is, the children must not get these disputes. If the children are dragged into the argument, it often leads to a conflict of loyalty for the child. However, there are many things that parents do unknowingly during a divorce that can lead to such conflict for children. Secrecy about what to do, pushing for decisions, or defaming the other in their absence can have disastrous effects on the child’s emotional well-being. Both parents should therefore remain neutral towards the child and avoid statements against the other partner in any case.

• Divorce should be communicated openly with children to give them clarity
• A conflict of loaylity for the child should be avoided at all costs.

The grounds for divorce – not required by law

The law specifies many things when it comes to divorce. However, since 1977 married couples no longer have to state a reason for divorce in order to be able to divorce. The principle of guilt was replaced here by the principle of disruption. However, the legislator specifies a separation year. Before married couples can get divorced, they must go through a separation year, during which the couple is separated but still remains married. This year is to protect against hasty decisions and purely emotional whims and to preserve the principle of marriage. Only in cases of special hardship, the separation year can be omitted.

There are many different reasons to end a marriage. In each case, the reasons are different and the individual situation of the couple plays a huge role. For some, certain reasons are cause for separation while for others they are not really a reason. However, in most cases it boils down to similar problems. The most common reasons for separation include infidelity, violence in the relationship, arguments or lack of commitment.

• The law no longer requires a reason for divorce since 1977
• The most common reasons for divorce include infidelity, violence in the relationship or quarrels.

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

Lindenthal: Close to the city & quiet residential area in the west of Cologne

Cologne is one of the most important economic regions in Europe and is located in North Rhine-Westphalia. Almost 20 million people are regularly drawn here. This is mainly due to the booming media industry, the colorful city life and the unique culture of the city. The legendary Cologne Carnival, international trade fairs and numerous music and sporting events make life in Cologne varied and exciting. Whether it’s a maisonette in leafy Rodenkirchen, a spacious detached house in Lindenthal or a spacious villa in Hahnwald – everyone will find their home in Cologne.

Lindenthal: Map & Location

Cologne Lindenthal is a borough of Cologne and includes several districts. Among them are: Junkersdorf, Klettenberg, Lövenich or Widdersdorf. In total, Lindenthal has more than 150,000 inhabitants on an area of 42 km², which is why this is the most populous district. Lindenthal lies to the west of the city centre and the Rhine. It also borders on towns such as Frechen, Pulheim and Ehrenfeld, and the Neustadt and Altstadt districts are not far away. Real estate in Lindenthal can be very high, depending on the municipality, and is accordingly very popular, especially among the more affluent population. Although you don’t live in the city centre, you still have good connections and more green spaces.

Sell real estate: Apartment, house, apartment building

Selling a house in Lindenthal, a district of 150,000 inhabitants, can have a variety of reasons. Despite the attractive location west of Cologne, a private or professional change, a divorce, an expansion of the family or an inherited house can make the sale necessary. To ensure the success of your sale, you should not only be familiar with the apartment or house type of your property, but also with the property valuation.

Whether maisonette, bungalow or villa – everything you need to know can be found here:

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

First of all, it is necessary to evaluate the property:

Real estate valuation: Valuation for the sale of real estate

The value of your property is not based solely on the pure tangible value of the house or apartment – i.e. the cost of construction, renovations and upgrades, but is also dependent on other factors. One of the most important factors in real estate valuation is:

Location, location, location

However, the year of construction, the building fabric, the furnishings and the infrastructure of the surrounding area also influence the property price. Cultural offerings within the residential area and the connection to schools and hospitals also play an important role. Our tip: If you want to increase the value of your property, it is worthwhile to call in the expertise of craftsmen, architects & co. for conversion work.

Here you can find out more about real estate valuation:

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

Real estate sales in Lindenthal: Prices per square metre

Most owners are faced with the question of whether they should use an estate agent or sell the property in Lindenthal themselves. It is recommended to use an estate agent, especially since the commission is not paid by you, but by the buyer. Trust in a professional sale and rule out waiting a long time for a buyer or selling your property in Lindenthal below its value.

Before we go into the most common mistakes and the most important questions when selling real estate, here are the prices per square meter:

Houses in Lindenthal: about 4.055€ /m²

Apartments in Lindenthal: 3.500€ /m²

Frequently asked questions for sellers

You want to buy a property and are now in a hurry with your current property sale? Or you would like to buy an apartment building in order to rent it out lucratively? Whether Marienburg, Lindenthal or Hahnwald – as a real estate seller there are certain questions you need to ask yourself. Where do you move to after a successful sale? Is there a declaration of partition and a pre-sale right? And are all maintenance costs documented?

Here are the most common questions you need to ask yourself as a seller:

1. Do you have a follow-on property in mind?
2. Is there a need for renovation / refurbishment of the apartment?
3. Are all records and documents available?
4. Are early repayment penalties payable?
5. Are the declaration of partition, building insurance, minutes of the owners’ meeting, utility bills, list of rents, etc. available?
6. Are there lists of the maintenance of the condominium (maintenance costs)?
7. Should inventory be sold?
8. Is there a right of first refusal?
9. Value of the apartment?

Successful sale with real estate agent: advantages & tasks

Proceed professionally! If you are in a hurry and need the money from the sale of a house or apartment, for example, for a new property or to pay off co-owners, it is not uncommon to make short-sighted decisions. You can avoid pitfalls when buying real estate by refraining from selling privately and seeking the professional help of a real estate agent.

Mistakes when selling real estate: Poor preparation, little time & Co.

A big and momentous mistake is selling without determining the fair market value. Even if you gather information on comparable properties, you will not be able to correctly determine the price of your home from this. Fair market value is the result of specific data and the condition of the property, location, infrastructure and a comparison of supply and demand. The fact is that house and apartment prices in Lindenthal have risen rapidly in recent years, which means that you cannot rely primarily on the price you paid at the time and the material value of the “property”.

Be sure to avoid these things and enjoy an efficient and quick real estate sale!

1. Poor or insufficient preparation
2. The selling price of the property is incorrect (such as “purchase price at that time + x%”)
3. Indiscriminately “plaster” marketing portals and advertising pages
4. Only be available to the interested party at selected times
5. Conceal defects
6. Overestimate additional costs (such as for an appraisal, renovations, etc.)
7. Having to sell the property in the short term

Real estate agent in Cologne: Expertise, Know How & Experience

Another pitfall is talking to potential buyers. Since you are inexperienced and uncertain in this regard, this circumstance can affect the sales process and the price. Good real estate agents are experienced in negotiating, are core competent in evaluating prospective buyers and in assessing creditworthiness. They also have experience with financial background based on self-reporting and income verification. This means that you will only be recommended a buyer with whom there will be no problems in financing your property and therefore no cancellation of the sale just before the contract is signed.

Tasks of the broker: Exposé, viewing appointments & Co.

An estate agent therefore not only advises you on the topics of property valuation, taxes and finances, but also accompanies you through the entire sales process. This includes not only the creation of the exposé, but also the execution of viewing appointments and the handling of the sales process.

Here is an overview of the duties of a real estate agent:

• Valuation
• Real estate marketing
• Preparation of an exposé
• Carrying out and planning the viewing appointments
• Purchase negotiations
• Processing and drawing up of the purchase contract
• Handover of keys

Here are some tasks that an experienced real estate agent can help you with, explained in more detail.

Market value of the property for sale in Lindenthal

More than the pure material value – In the course of a divorce or the co-heir disbursement, disputes between the owners are pre-programmed. It is understandable and quite legitimate that you want to process the house sale particularly quickly and make the payout. However, especially in such an emotionally difficult situation and with hardened fronts, you should consider that professional support is the best and only price-safe option.

Valuing real estate: criteria for a realistic purchase price

Instead of taking the risk of foreclosure because you can’t agree with your partner who is going through a divorce on how to pay off any remaining bank debt, choose to sell your home through an estate agent. By having the market value determined in detail, you do not have to rely on the estimate of the material value and you can be sure that you are not offering your property for less than it is worth. Since the quick sale is desired, some owners tend to offer the house or apartment at a lower price, thereby speeding up the process. This is a mistake that you will be annoyed about afterwards when selling your house in Lindenthal, and it will result in high losses.

Here are some of the most important criteria that affect the value and therefore the selling price of your property:

• Location
• Infrastructure / Surroundings
• Size
• Equipment
• State of development
• Refurbishments / Refurbishment requirements

Sell property in Cologne – Lindenthal

The real estate market in Cologne and the surrounding area has grown strongly in recent years and more and more people want to move to the megacity. Therefore, there is usually always a large demand for houses, villas or apartments for sale. In particular, the district of Lindenthal is considered very popular and especially wealthy. If you offer a property for sale in this area, there will be a lot of demand. Nevertheless, consulting a real estate agent is highly advisable, as prices in this district can often be very high. A competent estate agent will be able to assist and advise on the sale.

• Sell property

Do you already know it? Marienburg

Marienburg is also considered an affluent district in Cologne and is very popular. Here, too, property prices are usually very high and there is a great demand. If you would like to learn more about the topic of “Selling in Marienburg”, you can find an interesting article with all the important information here.

• Marienburg

Cologne: Real estate in the media city on the Rhine

With over 1 million inhabitants, the media metropolis on the Rhine is one of the hubs in NRW, but also in Germany. Located in western Germany, the city borders other metropolitan areas such as Düsseldorf and Bonn. The media city is located directly on the Rhine and can be divided into different parts and districts. Neighbouring cities include Düsseldorf, Bonn and Leverkusen. Cologne stands for media, TV and press like no other city in Germany. That is why the metropolis on the Rhine is constantly growing. Südstadt, Altstadt, Ringe, Ehrenfeld or Sülz, where is the best place to live?

Real estate in Cologne

Hardly any other large city in Germany offers so much “room for improvement”. From the purchase price to the architecture of the existing property. Whether condominium, apartment building or luxurious loft with a view of the Rhine. Cologne has enjoyed steadily growing popularity for years. The most beautiful city on the Rhine really does have something to offer everyone. The stately old buildings in Südstadt and the famous area around Rheinauhafen are particularly impressive.

• Real Estate Cologne

Living in Cologne: Popular districts & residential areas

The media city on the Rhine offers a diverse cityscape, guaranteeing the perfect living solution for everyone. From luxury apartment to villa, there really is everything. With the help of the right real estate agent, you can undoubtedly find your dream property – whether Südstadt, Marienburg or Hahnwald – a property as an investment in Cologne always pays off! One of the largest universities in Germany ensures a young cityscape and gives the ‘Veedeln’ their inimitable freshness. Would you like to invest in a property as a capital investment in charming Cologne? Find out everything you need to know about the city’s most sought-after residential districts, including tips on location, prices per square metre & co! To the overview: Living in Cologne.

• South Town
• Marienburg
• Rooster Forest

House, apartment and land for sale in Cologne

Selling an apartment, an apartment building or your own property. The colourful media metropolis of Cologne has a lot to offer: While Marienburg and Rodenkirchen inspire with their proximity to the Rhine, Neustadt is bustling with big city life. Lindenthal, located to the west, convinces with its quiet atmosphere and those who prefer it exclusive and prominent settle in Hahnwald. You want to sell your property in Cologne? Everything about the selling process, the most important documents and whether you should sell privately or with an estate agent. To the overview: Selling real estate in Cologne.

• Old Town
• Marienburg
• Rodenkirchen
• Lindenthal
• New Town
• Rooster Forest

Building Code at a glance: The most important basis of urban development law

• Most important code in relation to building planning law
• Defines the urban planning instruments available to the municipality in four chapters
• Has an influence on the shape, structure and development of the populated area
• Construction management is an essential urban planning instrument of the building code

Back to the wiki: Real Estate

Civil Code at a glance: Central codification of general private law

• Central and most important source of civil law
• Includes five books
• Consists of: general part, law of obligations, property law, family law and law of succession
• Almost all areas of civil life covered in a few regulations

Back to the wiki: Real Estate