Separation by mutual agreement
As long as you agree on the conditions of living separately, you do not necessarily have to appear in court. You have the option of drawing up a written separation agreement and of signing it together or of reaching oral agreements. However, in case of litigation, a mutual arrangement of this sort is not regarded as legal title on the basis of which claims may be asserted directly in court.
If you want to separate from your spouse, various issues need to be regulated depending on your domestic circumstances:
- Who will have custody of your children?
- What will the visiting rights of the parent without custody be like?
- Who will remain in the matrimonial home, who will move out?
- Who will pay whom how much maintenance?
- Who will cover any debts from the joint household?
- Should separation of property be applied for if the circumstances warrant it?
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.