Federal Constitutional Court

Attorneys Alexander Dobiasch & Rupert Richter the old-fashioned form of marital cohabitation is increasingly replaced unbound lifestyles. In the wake of the decline of marriage an ever greater importance accordingly unmarried cohabitation. Against this background, the family law expert of the law firm Danielleeee & judges describe legally significant differences to the marriage. Basically, the unmarried cohabitation is subject to no concept schemes. The legislature is required to legally protect marriage on the basis of article 6 par. 1 of the German Basic Law only and sees no need for regulations by the unmarried couples in the vicinity of deliberately avoided marriage would become. Accordingly, there are no statutory provisions for cohabiting couples who want to separate itself.

Years of separation, nor legal divorce proceedings are necessary. However a number of limitations goes along with the increased freedom, as partners not conjugal rights, such as the Choose of a common name of marriage or child adoption community can benefit. The non-marital cohabitation is also REM otherwise treated as marriage. Your partner can not from the provisions of , unlike married couples, 2265 et seq. Following community wills build BGB. Want they inherit to each other, they will have to issue a decree of death. These circumstances should consider life partner in the design of their community life.

While most areas of life for non-married couples are legally unregulated, this does not apply for handling and custody rights. Here, the rights not differentiated between married and unmarried spouses. A significant difference between the typically common concern of married parents and the rules for couples who live together without being married is, however, currently in the custody of. In the current version of the section 1626 a, which was declared on July 21, 2010 as unconstitutional by the Federal Constitutional Court, the mother receives automatically the sole Custody, provided that the partner is not either marry or a joint statement of concern to make. As long as the legislature of its obligation to establish a constitutional regime of custody, for non-married parents is still not fulfilled, the competent family courts assign a joint custody at the request of a parent. The unmarried cohabitation has a number of special advantages and disadvantages when compared to the marriage. Legal advice can be advised to ensure that the partners choose a form of living together optimally realized their demands and expectations.

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