Englishwoman (aged 66), freelancer, 28 years resident in Germany, married 30 years ago to German in London. Now in divorce proceedings through German court. He discovered that asset division (Gütertrennung) has to be according to English law, as we married there. Pensions and maintenance are handled by the Hamburg court. I don't understand how the English legal provisions can be integrated into an otherwise German divorce proceedings. My German lawyer is also uncertain about dividing our assets, since in England all three categories are part of the divorce deal and a divorce judge has enormous scope in deciding the final financial settlement. No one seems to have any experience/knowledge of how this actually works in practice. It would be ideal to find a lawyer in Germany who has been through this!
The problem is: how to integrate English legal provisions in practice? At the financial settlement stage of English divorce, the judge has a whole catalogue of criteria which can be brought into play, e.g. how old the parties are, their future earning ability, their individual assets before the marriage. Or the judge can just implement the 50-50 division that takes place before financial settlement. My German lawyer is unsure how to proceed, which makes me nervous, as I am the one to lose out if no other criteria are taken into consideration.
Thank you for your answer so far.