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Mar 11
2008
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I just wondered, why this recent important change in german divorce law is not published in any media in the UK. Are papers, tv broadcasters etc not allowed to publish these important news about radical changes in world/european society or is this not of interest to british people ? Please forward this blog !!!
(To see more about these changes in the european divorce law , incl denmark, scotland, france, spain etc) please see this important article:http://www.newstatesman.com/200702190028)
(This article below was translated with google translation :)
MAIN ARTICLE : www. haufe.de News 28.02.2008 | Law
Entertaining reform: constitutional complaint against new maintenance law
The sometimes harsh consequences of the alimony reform have reached those affected. Now, a mother of two children constitutional complaint charged. As expected, the Federal Constitutional Court since the beginning of the year, revised maintenance employ legal, the question is, how long ...
Care maintenance?
The idea: Divorced should safeguard their own livelihood
The basic idea of reform: children and adults are increasingly bear personal responsibility for their maintenance. Already in the run-up to the concern was expressed that this self-responsibility are often no longer could, as an independent effort to government support. A practiced for decades, legally secured roll without sharing transitional arrangement repeal, seemed to many experts hard transition.
The Case:
A 36-year-old woman, a mother of two sons aged 16 and seven years, has constitutional complaint against since the beginning of the year changed maintenance law prescribed. Background: It is, after 17 years of marriage, divorced in a few weeks.
She works in a part-time job and will be under the new law, no maintenance. Her husband would have only maintenance for the sons pay, as a general right to alimony is only when the children were younger than three years old.
According to the rules in force at the end of 2007 would have their per month left nearly 400 EUR maintenance supervisor authorized. The lawyer of the complainant sees this as a serious disadvantage.
Children's basic right to parental care violated?
If mothers a full-time job would have to accept because they have no right to maintenance, it violates the fundamental rights of the child to parental care, her attorney leads to the field. The new maintenance law protect the financial interests of men, but not the well-being of children.
Divorcees-disadvantage: No tax deductible maintenance
The new legal situation was also another heavy burden of divorcees. Under the old law could maintenance payments to divorced spouses from tax deductible. It is now no longer possible. Also amicable payers will be punished.
No legal aid?
The prosecutor Eckhard Emmericher Benkelberg, already often before the constitutional court and may have been drawn to the enforcement of rights of unmarried mothers before BGH complained, at the same time as the constitutional complaint also at the Higher Regional Court in Duesseldorf appeal: His client was with a view to the new legal situation No legal aid is granted. It looks as if a legal long-distance runner in the works. The proceedings at the Constitutional Court is under the ref. 1 BvR 345/08 pending.
More of these changes on germanlawwebsite :

Fiona
said:
| March 17, 2008 | ||
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The Newstatesman article is over a year old. References to Denmark, Scotland, France, Spain etc were about the different laws which already exist. The UK opted out of the proposed Rome III regulation and at the end of January the Financial Times reported further dissent from other countries, lead by Sweden, who claim the proposed change would in some cases result in the enforcement of Sharia divorce law. I agree the media in the UK is very bad at covering international affairs, mainly because what most people see is home news and world/international news is covered separately. Try the BBC World Service or Reuters website. |
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