Immegration and divorce Rule | Together in Germany

andy • 18 August 2023

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I'm seeking the following information if the Husband wants to move to his home country for his personal reason(Taking care of his old aged parent and wish to raise child in his home country because of which he thinks its best solution ) and the wife refuses to return back with her adopted (holding Joint custody child) also seeking divorce in Germany and Husband seeking divorce in his home country .

Wife don't wish to leave her custody although she is not a biological mother, not even ready for mutual consent divorce and not ready to give a child custody . How to deal with such a situation. She is still eligible to get residence visa of Germany ? because the husband will have no role if he dergister himself from Germany. Husband still has to support her and the child financially .Germany court can still him to support his family from abroad ?

We got married 2016 in Home country moved in 2018 in germany . I'm holding niederlansungerlabnis visa. We now living more than 5 year as married couple in Germany.

She is Just house wife and has no income and wish to depend only on Husbund income(she sees more benfit to get divorce in Germany).and as husband he feels like he is dupped in marriage realationship just for money and he do not wish to sponser his wife anymore and would like to settle matter only in his (abraod) family court.

Kategorie

Divorce

Answers (4)

Moderation

Yara _Community Manager • 8 months ago

Hello andy thank you for your post on our forum and reaching out.

It is a good idea to receive some specialized advice for separation and divorce. You can contact the association for bi-national partnership, who can help you with your questions, here: https://www.verband-binationaler.de/beratung.
In case you are in Berlin, you can search for a counselling centre near you, using this search engine: https://www.efb-berlin.de/en/beratungsstellen/
We also provide more information on the divorce process here: https://handbookgermany.de/en/divorce

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In general, if your wife has come to Germany through family reunification, and as you mentioned have lived in Germany as a married couple for 5 years then she has the right to the so called independent right of residences for spouses. You can read more about the regulations and requirements here: https://handbookgermany.de/en/independent-residence-title-spouses
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You are also responsible to support the child and pay child support when and if you decide to move out and or no longer live with you child. Providing you have enough income. You can find more information about child support here: https://handbookgermany.de/en/child-maintenance.
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It is best to find a common ground solution for you and your wife. It is important to settle these questions of divorce and child support. Unfortunately, we cannot provide you with legal advice.

I am happy to help in case you have any further questions.

Best wishes

andy • 8 months ago

That's completely In justice in the favor of father because he would like to settle matter in home country .Its not good to force him pay money. I have seen lot more people get married with German Citizen and EU Citzen after they get dupped by their Partners becuase they sees the opportunity getting fund from Govt and from their Partner without doing anything .(Family Reunuion Category) visa rules should be changed to avoid such matter. A person who sacrifies whole income and partner is cheating with him for money. if she's denying to come back home country its not husband fault.She should take care of herself independently rather than to keep depend on Husband income. I will definetly check with lawyer .As community you raise the voice against independent right of residences for spouses.She is not even biogical mother.If Husband dergister himself from Germany how it could be consider reposible for paying child alimony and wife support.he will not not have same income,job,life style what he is earning now that's rediculus .. Don't you see wife has more advantages here that what she want not to get divorce home country.

Moderation

Yara _Community Manager • 8 months ago

Hello andy,
The regulations about child maintenance/child support apply independent of your nationality. The family court looks at all the means one person has and determines the amount of child support.
The independent right of residence will allow your wife to receive help from the state for one year, in the one year she has the time to find ways to support herself. Even if she is not the biological mother, if she has custody of the child, i.e., you have joint custody, this makes you both responsible for supporting the child. Please note, the child support money is for your child’s needs not for your wife’s.
If you have any further questions, please let me know
Best wishes

rabiul04704965 • 2 months ago

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