Anyone who cheats cleverly gets money in the divorce

What are the legal consequences of cheating in a marriage according to German family law?

Fraud no longer has legal consequences. Since the reform of family law in 1977, the so-called guilt principle no longer exists. Therefore, it is not relevant to the family courts why the divorce petition was filed and what interpersonal problems preceded it. For some patients this is still difficult to understand. They often want to go to family court to ensure that their spouse is held responsible for the divorce situation.

Men in particular often feel disadvantaged because the fault principle no longer applies: if the woman cheated at the time and was therefore responsible for the divorce situation, her alimony claims against the husband no longer apply. Today, if the husband is the debtor, he still has to pay. Even if the woman has been having an extramarital relationship for months. In the course of the reform of divorce law, the so-called disruption principle has replaced the fault principle, so that there are no longer any legal consequences to fear if one of the spouses “fished in foreign waters” during the marriage.

Sandra Günther has been a lawyer since 2007 and has specialized in the areas of family law and criminal law. She is also employed as a TV lawyer and is co-author of the guide ‘When Love Becomes Toxic’. Günther has hers Head office in Dortmund. In her podcast ‘Family law with heart and mind’ she discusses family law topics. Her second book ‘Intelligent Separate’ will be published in the autumn of 2024. The lawyer also provides daily information about cases and problems on her Instagram account ‘Frau_Familienrecht’.

How can you protect yourself legally if you are suddenly separated from your partner?

A sudden separation is a drastic change in the lives of those affected. When a mother suddenly finds herself alone with three small children and without a job because she has been taking care of the house and the children, such a situation can be intimidating. Those affected would do well if they had previously concluded a marriage contract that stipulates how much in the event of a divorce, for example. is the separation maintenance.

But not every married couple has a prenuptial agreement, which means that insurance in advance is often not possible. Then it is important to know how and where divorce maintenance can be claimed. It is important to know that in maintenance law there are so-called summary proceedings (so-called summary proceedings) that lead to a short-term decision. In addition, the possibility of going to the local employment office and requesting maintenance advances should be discussed with a family lawyer, if possible.

People cannot plan and are often unpredictable. No one can be sure that the world will be the same tomorrow as it was the day before.

How can you effectively protect yourself as a victim of stalking and what role does the police play in this?

Stalking, § 238 StGB, is a criminal offense. Stalking means stalking in any form. Victims are bombarded with text messages and WhatsApp, sometimes as many as 150 text messages per day. They are being watched, the stalker follows them, puts flowers on the target’s car, waits for him at work or on his doorstep. When clients become victims of stalking, it often feels like a horror trip. Unfortunately, it is often difficult to stop the stalker because stalkers usually have personality disorders and are difficult to stop on the path to controlling the victim and gaining power. A judicial restraining order often comes into effect late or not at all.

The police cannot immediately take the stalker into custody. This requires a criminal investigation, and if the stalker does well in this process, he can even get away with a detention or at most a fine. Then the cat and mouse game continues. I know of a few cases where stalking victims moved far away to put an end to the stalking terror. Unfortunately, the legal situation is such that victims do not receive immediate help.

What should you pay attention to if you want to hire a family law lawyer?

If you need a family law attorney, ask your friends or relatives first. These recommendations are often best trusted. Those affected should also consider whether they want to be represented by a woman or a man. The interpersonal component is also important, much more important than, for example, in a construction law mandate. Those affected who live life relaxed and nonchalantly and do not adhere to a dress code are less likely to be in good hands at a law firm where they are greeted by the lawyer in a suit.

This also applies the other way around. Those affected should also do some research on the Internet and get an idea of ​​their legal advice. Here it is essential to take a look at the website in question. Please note: reviews are not always genuine. Many law firms buy positive reviews. Likewise, so much attention should not be paid to negative reviews. I have often received negative reviews from people who were not even my customers.

Ultimately, it’s gut feeling that counts, and those affected must trust it. If things don’t work out between people, you can always change lawyers. However, the consultation fee will then be charged twice.