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Claudia Schiessl
Claudia Schiessl, Attorney
Category: German Law
Satisfied Customers: 16842
Experience:  I have been a practicing attorney for 20 years now with a broad experience in all kinds of law.
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Englishwoman 28 years resident in Germany, married 30 years

Resolved Question:

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!

Submitted: 3 years ago.
Category: German Law
Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,
Thank you so much for your question.
My name is***** and I am happy to assist you today.
According to the Rome IIII Convention the divorce is according to the law of the state where the parties have their residence .
Same goes for pensions
Division of assets is according to the law of the state which was applicable at the time you married.
This is in Art 15 EGBGB
This is quite common.
Only recently when you had to say Vietnamese citizenship divorcing here in Germany the court had to apply Vietnamese Law
This has changed so now you would have the divorce according to German Law and the Division of Assets according to Vietnamese Law.
I hope I was able to help you. Should you have any further questions please be my guest. I shall try to answer them as soon as possible. If i have helped I would very much appreciate getting a positive rating. This is how I get credit for my work . Thank you so much, your business is very valuable to us.
Customer: replied 3 years ago.

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.

Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,In Gernan Law all these criteria are of no importance, you just look at the assets each spouse has at the beginning and at the end of the marriage.Who has aquired more has to give the other spouse 50% of that.But arguments should not be too difficult, it is the judge who has to decide.Why doesn't your lawyer simply ask for a certain amount of money on your behalf let the judge do the work?I hope I was able to help you. Should you have any further questions please be my guest. I shall try to answer them as soon as possible. If i have helped I would very much appreciate getting a positive rating. This is how I get credit for my work . Thank you so much, your business is very valuable to us.
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