Separation procedure

Separation agreement

If you want to separate from your spouse, various issues need to be regulated depending on your domestic circumstances:

 

• Who will have custody of your children?
• What will the visiting rights of the parent without custody be like?
• Who will remain in the matrimonial home, who will move out?
• Who will pay whom how much maintenance?
• Who will cover any debts from the joint household?
• Should separation of property be applied for if the circumstances warrant it?

Legally authorised separation agreement

As a rule, it makes sense to have a separation agreement legally authorised; under certain circumstances, this may even be necessary. As a separated individual, you can, for example, only claim social benefits or an advance on maintenance if you can produce a legally authorised separation agreement.
You may present to the court a complete separation agreement. The court will make its decision on disputed issues after hearing both parties and will then authorise the agreement.

If disputes arise in the future, a legally authorized separation agreement provides you with legal title with which you may assert claims.