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German Law/Streitwert/Gegenstandswert calculation

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Question
Dear Mr Moser,

I am in the process of getting a divorce in Germany.

He has initiated the process of divorce and I have received formal letter from the court and also from his lawyer. The divorce is amicable, we have no shared properties or children.

My question is regarding the Streitwert/Gegenstandswert calculation, What would be the legal date when my employment status is considered? We separated in 2013, at that time I was unemployed. The application to the court has been made in 2014 and by this time I have a job.

The application letter sent by his lawyer to the court states that I do not have an income.

Could you kindly suggest about this?

I earnestly appreciate this platform and you for providing me with information.

Kind regards
Ingrida

Answer
Hello Ingrida,

finally a question which I never answered before. Thank you for that! :-)

The relevant date for calculating the amount in controversy is the date of filing ( 34 FamGKG and 40 GKG).

Good luck for the divorce proceeding!

Andreas Moser
www.about.me/moser

German Law

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Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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