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

The change of name – requirements, procedure and the children

In the event of a divorce, the married name is initially continued unchanged by both spouses. However, if desired, a divorce can also be used as an opportunity to seek a name change. This is particularly often requested in the case of contentious divorces. There are various ways to change the surname. The maiden name can be adopted again, a double name can be created from the married name and maiden name or the married name from the first marriage can be adopted again. What are the requirements and procedures, what must be considered and what about the name of the common children?

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

The most important at a glance:

• A change of name can be made after a divorce only if this is legally binding, i.e. if no more legal remedies against the divorce decree are possible.
• A change of name can only be made at a registry office that keeps the family register. Certain documents are necessary for this, such as the divorce decree with legal effect and an identity card or passport.
• Children can only change their surname after a divorce under certain circumstances
• The registry office charges a certification and authentication fee of 25 euros for a name change. In addition, there are the costs for the change of important documents, such as the identity card

The prerequisites – legally binding divorce

In order for a surname change to take place after a divorce, the marriage must have been legally divorced. A final divorce is when there is no longer any right of appeal against the divorce decree. To ensure this, either both spouses must waive appeals at the divorce hearing or neither spouse must appeal the divorce decree through an attorney within one month. On the divorce decree, an affixed notation of res judicata is used by the court to document that the divorce is final. In order to obtain this, the divorce decree served after the divorce must be sent to the court again with the request for the note of res judicata. Only then is the document to be considered a legally valid divorce and usable for the name change.

• A change of name can only be made after a divorce, if this is legally binding.
• A divorce is only final when there is no longer any possibility of appeal against the divorce decree.

The procedure – change of name in the registry office

The change of name can be carried out after the divorce at the respective competent registry office, as the family register is kept here. Some documents are required for this. On the one hand, the divorce decree with the final decree, an identity card or passport and, if necessary, a certified copy of the marriage register if the person concerned has moved after the marriage. If all these documents are available, the name change can be carried out directly on site. The registry office charges an amount of approx. 25 euros for the certification and authentication fee. In addition, there are costs for issuing or changing important documents, such as the identity card, passport, credit cards or driving licence.

• A change of name can only be made at a registry office which keeps the family register.
• Certain documents are required, such as the divorce decree with final decree and an identity card or passport.

The children – change of name only under certain conditions

The divorce of a marriage initially has no influence on the name of joint children. However, if the parent with whom the child lives after the divorce remarries and has further children from the second marriage, it can happen that the child from the first marriage has a different name from the rest of the family and feels excluded. In such a case, the child from the first marriage can, under certain conditions, adopt the name that the family in the second marriage uses as their married name. The child must be underage and unmarried and live with the parent who wishes to change the name. In addition, the parent must have sole custody, otherwise the other parent must agree to the name change. If the child bears the name of the other parent, he or she must also consent to a name change. If the child concerned is older than five years, he or she must also agree to the name change. If these requirements are met, there is nothing to prevent the child from changing its name.

• Children can change the surname after the divorce of parents
• However, a change of name of the children is only possible under certain conditions

Divorce – prerequisite, separation year, name change

The most important questions on the subject of name change after divorce

The topic of name changes often raises some questions. Is a name change even necessary, which name would make the most sense and is a name change even worth the effort? To make it easier for you to decide whether a name change is right for you, we answer the most important questions about name changes after divorce for you!

How much does the name change cost after divorce?

For the name change at the registry office, there are costs for the certification and authentication fee of about 25 euros. In addition, there are costs for the issue or change of documents, such as the identity card, passport or driver’s license.

How to change your name?

The name can be changed after a divorce at the registry office that keeps the family register. However, if the family has moved after the wedding, this is also possible at the registry office of the new place of residence, which sends the documents to the original registry office.

Can the children take the mother’s name?

If the joint children live with the mother after the divorce and the mother remarries, the children from the first marriage may take the married name of the mother’s second marriage.

Can I take back my birth name after the divorce?

Yes, there are several ways to change your last name after divorce. One of them is to take the birth name again or to choose a double name from the married name and the birth name.

Can children have double names?

Children cannot adopt a double name after a divorce just because one of the parents decides to adopt a double name. Changing the name of the children is only possible under certain conditions.

What is the married name?

A married name is a surname determined by both spouses and borne by all members of the family. A family name does not have to be determined at the time of marriage. The spouses can keep the names used at the time of the marriage even after the marriage.

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

AGROB Immobilien Vz: Share, facts and figures

AGROB Immobilien Vz in detail – The current share price as well as further facts and figures on the company.

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• Founded: 1867
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