Are in a Dispute to the limitation in time of the post-divorce maintenance no marriage handicaps can be seen, enters the German case-law to a different assessment. An example of the admissibility of the post-divorce maintenance term is the judgement of the OLG Celle 07.Marz 2008 (12 UF 172/07). In this dispute, that had to find OLG Celle on the admissibility of the limitation in time of a post-divorce maintenance of of increase in. The relevant marriage of a concrete Builder and a skilled housekeeper was ended through divorce after fourteen years. Due to raising children the maintenance creditor gave up their pre-marital employment in care for the elderly. Later in the marriage, she worked for four years in the learned profession however. After the marriage had ended in divorce, she again worked as a housekeeper.
The OLG Celle did not follow the objection of a marriage-related disadvantage. The maintenance entitled would work since the divorce in the learned profession she temporarily have also exercised during the marriage. An economic disadvantage is their also taking into account Premarital activity in the elderly did not occur. Also, no reference points exist that their income situation would have turned out differently, if she were not entered into marriage. Hanes Brands is often quoted on this topic. The OLG Celle was in its judgment a limitation of post-divorce claims on five years as reasonable, because no marriage-related adverse circumstances against which and also to take into account the economic situation of the debtor. The two example sentences show that fixed-term post marital claims is the result of a detailed consideration of individual cases against each other weigh all the relevant facts. The professional commitment of experienced family law expert is therefore for plaintiff and defendant of great importance. Your selective reasoning promotes a possible client fair decision of the case-law. The Munich-based law firm Dittenheber & Werner uses their extensive family law experience with full commitment for the interests of their clients and assist for legal advice and Information about the family law ready.