What are ancillary matters in divorce?
When one talks about the divorce, several follow-up matters are often meant. Divorce proceedings can be about the end of the marriage and the financial and legal consequences of this. How much alimony has to be paid? How are assets divided? Who gets custody of the children? These and similar questions arise in the run-up to the divorce. However, divorce itself does not provide an answer to all questions. Therefore, there are the so-called ancillary matters in divorce proceedings.
Pension equalization matters
The pension equalization appears first as a follow-up matter. Even if a married couple has lived apart for decades, all pension entitlements are divided.
The next point in the law is called maintenance matters. In connection with this, the maintenance claims are discussed in the proceedings. This explicitly includes the maintenance claims related to the maintenance obligation towards an ordinary child. So here, the maintenance of typical children is discussed and negotiated. This point then concerns spousal maintenance in the proceedings, among other things. This kind of maintenance for the ex-wife is based precisely on the marriage.
In this regard, the marital home can also be assigned. This means that the court will then decide on this. This situation arises when the spouses cannot agree on who will stay in the shared apartment and who will look for a new apartment. There are also differences during the separated life and after the divorce. The lawyer can also defend against the allocation of housing.
The point of household matters refers, among other things, to the household effects of the couple. Who gets certain pieces of furniture? At this point, an agreement can be reached on precisely these issues. If the spouses cannot agree, a corresponding agreement is negotiated in court.
Matrimonial property matters
Matrimonial property matters include the assertion of the gain. This is about the fair distribution of the joint assets. In this context, the property is referred to as the matrimonial property regime of the spouses. Items that have arisen during the marriage are relevant to assets. This includes not only cash assets but usually all assets. Real estate, securities, shares, fund investments, and precious metals are central here. Depending on when this thing was brought into the marriage, the distribution is as fair as possible.
When the couple files for divorce, the children are often at stake. In the law, this point is called matters of parentage. In addition to regulations on custody or access rights, this point also includes other issues. In individual cases, this can also involve surrendering a joint child of the spouses. Appropriate applications in the divorce proceedings can form all these points.
The application is almost always required.
The ancillary matters mentioned must almost always be applied for by the divorce attorney. Therefore, it would help if you discussed exactly with your lawyer how you behave here. Your divorce attorney should discuss any ancillary matter with you. Depending on the individual situation, your lawyer can then submit appropriate applications for this.
The equalization of pensions can be an exception here: Depending on the constellation, the divorce lawyer does not even have to apply for this. The division of the accrued pension entitlements is then carried out with the divorce. But it doesn’t necessarily have to come to this. The divorce lawyer must therefore become active here and you can contact divorce lawyer near me.