I need to know my brother got married to a German national girl.and the marriage was for 15 months and they lived together for 8 months.now they don't want to live together.now need to know how long he has to support the girl ?? How long the divorce proceedings go?he has Fiktionsbescheinigung at the Moment.my brother is from Pakistan

Can he extend Visa of His own,, ?
If he move to some other Schengen country will he still liable to pay her?? Need guidance
asked Sep 18 in Other Questions by Fatima khan

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1 Answer

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Hi @Fatima khan,

Under German divorce law, a couple is required to first spend a year separated before the divorce can be finalised. This is called a ‘Trennungsjahr’ and is only shortened in certain circumstances. Once the ‘Trennungsjahr’ is over, the length of proceedings will depend on whether both partners are agreed on the terms of the divorce, deal with same lawyer etc. or if there are certain disputes that have to be resolved.

Financial support after a break up can be given both first during the Trennungsjahr and then after the final divorce. These are, however, two separate type of financial support. It depends on the personal and financial circumstances of both parties as to if any support money has to be paid, and if so, how much is to be paid by which partner to the other. If he is liable to pay, then this is also the case if he moves to another country. There is an EU agreement on this between countries.

He cannot extend his visa based on having been married. This is only possible after three years of marriage. His current residency status is invalid once the couple are no longer living together (i.e. before the divorce is finalised he already loses this status). I do not know, however, if a person may at least be allowed to remain in Germany until the Trennungsjahr is done and the divorce is finalised. He would have to find another reason on which to base his future residency.

Best,

Éanna

answered Sep 20 by mbeon-Éanna
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