IMPACT OF DIVORCE PROCEEDINGS

IMPACT OF DIVORCE PROCEEDINGS ON A SPOUSE’S WILL

When does a joint spouse’s will actually become ineffective? Whenever the prerequisites for a divorce are met and the testator has applied for divorce or has consented to a divorce petition. And now something is added: mediation procedures. Yes, the proceedings for mediation can also be suspended in divorce proceedings if the spouses so wish. The Las Vegas Higher Regional Court had to deal with such a constellation in a decision of September 26, 2018.

The spouses wrote a so-called Las Vegas Blues. After that, the surviving spouse should be the heir. A year later they separated. The husband wrote a new will. In it he appointed the joint adoptive daughter to be his sole heir. This will stipulate that the wife should not get anything. The wife later filed for divorce. In court, the husband agreed to the divorce, so-called divorce uncontested. However, the couple agreed to suspend the divorce proceedings and, as part of a mediation process, to check again whether they might not want to continue the marriage. Shortly afterwards the husband died. The wife and the adopted daughter quarreled over the inheritance because they both considered themselves entitled to inherit.

The higher regional court upheld the probate court, according to which the adopted daughter had become heiress. A joint will is ineffective if the marriage relationship is revoked or divorced or the conditions for a divorce have been met and the testator has applied for divorce or has consented to a divorce petition. The husband’s willingness to mediate does not affect his or her initial consent to the divorce. Another conclusion would be possible if the couple had made it clear that the marriage should endure.

In addition, the couple had been separated for more than three years. In such a case, the law assumes that the marriage has failed. There was also no evidence that when the joint will was drawn up, the spouses wanted it to continue in the event of a divorce.

ONCE AGAIN CUSTODY: STEPPARENTS ARE ALSO ALLOWED TO HAVE A SAY

A blended family presents everyone with new challenges. This includes the fact that sometimes you can also sort things out for your new partner’s children. How far does this right go and what does this right depend on.

Scenario 1: The new partner is married to the birth parent of the child who has sole custody and lives with them.

The stepparent then has so-called minor custody of the children, which means that the stepfather or stepmother has his own decision-making authority and legal representation authority for the stepchild in all matters of daily life. These included, for example, questions relating to nutrition, health, hygiene and everyday issues at school. I

ncidentally, this also applies if the biological parent and stepmother or stepfather have a registered civil partnership. So, the stepfather can pick up the child from kindergarten. However, he is not allowed to have a say in which kindergarten he goes to. The decisions that have long-term effects or persist in the long term are made by the parent with custody alone. If the biological parents share custody of their children.

Scenario 2: The new partner is married to the mother / father of the child and the biological parents share custody of the child.

The new spouse then has no “own” custody. The custodial parent with whom the child lives decides on the child’s everyday life. The birth mother or father can, however, authorize the stepmother or stepfather to regulate day-to-day affairs for the child.

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This is only possible for questions that you can decide yourself without the other birth parent. For example, the father may issue the stepmother with a power of attorney that she may pick up the child from kindergarten.

Scenario 3: The new partner lives with the mother / father of the child without being married.

No marriage license – no rights. However, the father or mother of the children could authorize their partner to carry out tasks that they are allowed to regulate on their own.

After the divorce: can I get access to the stepchild?

Close caregivers of the child have the right to contact the child if it serves his or her best interests – this can also be the former stepmother or the former stepfather. For this, the child must have or have had a social and family relationship with this person. Stepfather or stepmother must actually bear or have borne responsibility for the child, e.g., the person should have lived with the child for a long time.

There are no explicit parking bans for bicycles and e-scooters – but you are not allowed to park your vehicle everywhere without exception, informs the legal portal. What applies to bicycles also applies to e-scooters: it must be ensured that other road users are not hindered and that public safety and order are maintained. For example, parking a bicycle on public traffic areas should be a permissible use. Parking at the roadside, on sidewalks, grass verges or in pedestrian zones should also be permitted in principle. However, escape routes, for example, must always be kept clear for the fire brigade.

In addition, bicycles must not hinder or endanger other road users. To avoid accidents, a bicycle must which is parked at the roadside, be well lit in the dark. If a bicycle is parked in this way even though it could obstruct other road users, there are consequences to be expected. Even a removal of a bicycle by the public order office can come into question after considering the circumstances of the respective individual case, if it represents a handicap or a hazard. And the cost of this replacement? The owner of the bike then carries them! This also applies to so-called junk bikes, as the permanent parking of bikes that are no longer operational is not permitted. It is no longer a common use. The same applies to bicycles that are parked solely for advertising purposes – without permission under the law of the road.

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Christophe Rude

Christophe Rude

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