A divorce is always bitter, not only because a love usually broke out, but also because it has financial consequences. Because divorce always costs money. How much exactly depends on various factors.
Frequent error: does a divorce cost nothing if you agree?
Generally applies:The most money can be saved in the event of a divorce if you agree.But if you think you can divorce free of charge, you are unfortunately wrong.Because with a divorce you always need a dish and at least one lawyer.And that is associated with costs.
If you do not agree and argue about the consequences of the divorce and possible claims, you also need a second lawyer. Of course, this also causes the costs.
How much you have to pay to the court is determined with the so -called procedural value. Both the income and the wealth of the spouses play a role in the calculation. It is also relevant whether the spouses have children with maintenance.
What does a divorce cost: net income
In order to determine the procedural value, you first need the average net income of both spouses that they have achieved in the past three months. The net income is then added.
If there are children, however, a certain amount is deducted per child. How much is at the discretion of the court. A gross guideline is around 250 euros per child.The net income, which is left then, is taken three.
What does a divorce cost: assets
In addition to income, the assets also play an important role in calculating the procedural value. The assets include real estate, shares or other savings on both spouses. However, the total assets are still reduced by allowances that can vary greatly depending on the court because they are part of the discretion.
In addition, allowances can be counted per child. How much is also at the discretion of the court.
5% of the total assets then form the calculation basis for the procedural value.
What does a divorce cost: pension equalization
The third large block, which always plays a role in the cost of a divorce, unless the marriage was short -lived, is the pension equalization.These are the pension claims you acquired during a marriage.The law assumes that your claims are a life benefit that you are entitled to in equal parts, regardless of who deserves more in marriage.
Especially when children emerge from marriage, pension entitlements often exist in marriages. This is mainly due to the fact that one of the spouses only works part -time for a while because he or she took care of the upbringing of the children.
The pension entitlements are well shared, so that both spouses go from marriage with the same pension entitlements. For the pension compensation, the spouses must fill out the corresponding forms that are automatically sent by the court as soon as the divorce has been requested.
One of the entitlements includes everything that results in a pension (e.g. the German pension insurance, the scarcity and federal and state pension insurance, etc.).
Detailed information on calculating the pension equalization can be found on thePage of the German pension insurance.
Divorce: This is how the costs are calculated
Everything that emerges from the three blocks net income, assets and pension equalization is added.After all, the result is the procedural value. Using a fee table, the necessary judicial fee can then be read via the procedural value. The fee table can be found inLaw on Court Costs in Family Matters (FamGKG) Appendix 2 (on Section 28 (1) sentence 3).
Example:
David and Helena are married for 15 years and have two children. Both spouses are employed and earn 5,000 euros net. Both have paid into statutory pension insurance as part of their professional activity. In addition, Helena saved a fortune of 80,000 euros and David of 40,000 euros.
The procedure for David and Helena amounts to 18,000 euros. According to the table, this results in a court fee of 706 euros. According to theDivorce calculator from Advocado2,314.55 euros are due for the lawyer, which makes a total of 3,020.55 euros.
However, this is only a sample calculation and a rough guideline. The costs for the lawyer can vary. Here it makes sense to ask in the firm in advance.
A mutual divorce is therefore the cheapest. If the court should also divide the profit compensation, spouse maintenance or maintenance for the children, the costs increase accordingly. A war of roses is therefore disadvantage for everyone involved.
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