German Law/Divorce/ Child custody
Dear MS Schulz-Burgess,I am married 8 years ago over telco, I was in Germany & my wife was in Pakistan with islamic marriage contract and now having two Sons (age 7 & 5). In 2010, I applied for the German Citizenship for whole Family and we got it. And I bought one House here in Germany in year 2010. The house is registerd on my name in Grundbuch and I am paying the credit alone. My wife does not work, she is doing some courses and registered as Jobless in Arbeitsamt. She was torturing me since long time and two years ago was trying to attack me with knife, so Police came but at the end it was decided that some one from Gesundsamt will check her. The lady from Amt coming every month to see her. The reason mention this, perhaps to get some advice for chance later on to get custody of my children.So Now my questions are:
1. What are chances for me to get the custody of my Sons, as this is the point which has stopped me to get divorce untill now and I am bearing all the time her torture?
2.What will be then case for the House?, As we dont have Ehevertrag from German Notar.As mentioned above We have Islamic Ehevertrag. Acocriding to Islamic contract, she is not able to claim the House.If this is valid here in Germany? What will beyour suggestion in case not valid, Should I do Ehevertrag here in Germany before Divorce?
3.In case applying Divorce, Can Court ask me to leave the house and paying the Credit while My wife and Children live in the House? As she alwyas said, she will not leave the House.4. As she is jobless, Do I have to Support her? If yes, then how long?Any other valuable
4. I have some money in my Girokonto (alone), I heard that will be also divided in case of Divorce, we have not yet applied for separtion, If I take the money out from my account, will it make any problems later on?
Suggestion for me how to proceed further with legal advice, so that I can live with children with out her.Thanks you in advanced,Salman Khan"
Dear Mr. Khan,
I think you have a very good chances to receive custody of your children if your wife is not mentally stable. Your wife would be ordered to move out of the house by the judge if your lawyer files for custody and divorce at the same time.
I doubt that your wife would sign a Ehevertrag but you could pay her alimony so that she can find a small apartment and she would be obligate to find a job to support herself. But you would need to support her until she is able to support herself. Your wife is allowed to receive a payout for the house but if you have only paid of a small part yet that will be not much.
My partner from Munich and I would be glad to organize custody and the divorce for you. You can contact me directly at firstname.lastname@example.org. We handle international divorce and custody cases all over Germany very successfully. So you would be in good hands.
German Attorney at Law/Foreign Legal Consultant
German Legal Services
306 South Walker Street
Columbia, SC 29205
Tel. +1 803 254-8153
Fax +1 803 753-9295