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Claudia Schiessl
Claudia Schiessl, Attorney
Category: German Law
Satisfied Customers: 16542
Experience:  I have been a practicing attorney for 20 years now with a broad experience in all kinds of law.
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I am about to go to the first court hearing for divorce in

Resolved Question:

I am about to go to the first court hearing for divorce in Germany. What about division of finance? The situation is as following
1. There is no children or joint assets.
2. I am an expat and I am not a German citizen. My employer, saving, salary and pension are all in a different country. My husband is a German and works in Germany.
3. There is an agreement, in email, that we will not want anything from each other if we divorce.
So my questions are,
1. Does the email have any legal consequences?
2. Will the court take the decision on the division of the assets, such as salary, savings and pension?
3. If the court takes the decision on division of assets, will it take place at the hearing?
Thanks.
Submitted: 2 years ago.
Category: German Law
Expert:  Claudia Schiessl replied 2 years ago.
Dear Customer,
Thank you so much for your question.
My name is***** and I am happy to assist you today.
No the email does not have any legal consequnces.
Any agreements about pension , support or division of assets have to be notarized in order to be valid.
Otherwise they are nil and void.
Yes the court will take decisons and motions about divison of assest and support.
Motions have to be filed a fortnight prior to the hearing.
Mostly tehnhearing will be postponed if there is a new motion.
But the judge can decide that the hearing takes plase anyway
Customer: replied 2 years ago.

Thanks. But I don't understand the folllowing,

Motions have to be filed a fortnight prior to the hearing.

Who is supposed to do that? Me? my husband? or the court?

What is motion?

Mostly tehnhearing will be postponed if there is a new motion.

What is tehnhearing?

Expert:  Claudia Schiessl replied 2 years ago.
A motion is a procedural device for decision. It is a request to the judge (or judges) to make a decision about the case.[1] Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the movant, or may simply be the moving party. The party opposing the motion is the nonmovant or nonmoving party.
So whoever wants something , like support has to file a motion
If you want support you have to file a motion for support
The hearing , sorry a typo
Claudia Schiessl and other German Law Specialists are ready to help you
Expert:  Claudia Schiessl replied 2 years ago.
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