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Ask Claudia Schiessl Your Own Question
Claudia Schiessl
Claudia Schiessl, Attorney
Category: German Law
Satisfied Customers: 17043
Experience:  I have been a practicing attorney for 20 years now with a broad experience in all kinds of law.
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Although weve been separated for 10 years, our divorce became

Customer Question

Although we've been separated for 10 years, our divorce became final in August 2013 and we are currently applying to a German court for a pension split. The lawyer acting for my ex-husband said it is straightforward and the court will say that his works pension (he worked for Motorola) should be split 50/50. However, the court is not accepting all the paperwork - the British decree absolute does not contain a signature. Should I get my own lawyer, or is it certain that the court will rule a 50/50 split.

Also, my ex-husband has been receiving his pension for the last two years. Am I entitled to 50% of his pension for the last two years, or is it only from the date of the divorce?
Submitted: 3 years ago.
Category: German Law
Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,

Thank you so much for your question.

Normally this is the psnsion from the date of your marriage until the date you were served the file for divorce.


There is however a jurisdiction that excludes the pensions for the time of separation if a couple has been separated for a very long time like in your case,

In this case the pension will be spilt only for the time you have been living together as a married couple and the time of separation will be excluded.

This might be the case depending on the court' s individual decision


I hope I was able to provide you with some useful information


Have you got any further questions

Be my guest
Customer: replied 3 years ago.

Many thanks for your quick reply.


 


If I understand correctly, I will only receive the pension from the time of our divorce, even though my ex-husband has been receiving a married man's pension?


 


Is it safe to rely on my ex-husband's lawyer to do the pension split through the German court, or should I find my own lawyer? I live in England and he lives in Germany.

Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,


yes you understand correctly.

Your hausband's lawyer always has your husband' s interests in mind so a lawyer of your own is safer


If i was able to help I would very much appreciate getting a positive rating