If you want to separate from your spouse, various issues need to be regulated depending on your domestic circumstances:
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.
Schenkel & Serrago AG
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