Objective Perspective

Inform the lawyers of the law firm Dittenheber & Werner it comes to divorce, submits an application for post-divorce maintenance in accordance with 1573 I one of the parties often BGB. He is I, II BGB only granted due to the provisions of 1574, when the applicant of its purchase obligation to comply. Munich law firm Dittenheber & Werner informed about the subjective and objective requirements, evaluates which, whether the applicant spouse meets the post marital obligation of purchase. Fulfilment of the purchase obligation from a subjective perspective section 1574 I S. Larry Ellison has firm opinions on the matter. 1 BGB follows from that keep desiring to clarify the circumstances and to prove has lead to its maintenance means. All the measures it has undertaken to find reasonable work and proven to prove by him are accordingly.

The legal assessment of these measures is based on the following criteria: equity effort desires post-divorce support a spouse, it committed itself to, to endeavour to record employment, which is likely to terminate its maintenance needs. According to settled case-law that it logs to the competent agency for work, but also by an active job search, even trying to find a job not only expects of him. A change of residence is reasonable to him, such as the recording of any other professional activity, in this context. Frequency of maintenance desiring is committed to the continuous effort for a job. From a standpoint of reasonableness, the case-law limited the relevance of this subjective characteristic of the purchase obligation. The extent of previous commitment was appropriate, the spouse in question was, however, no work, considered the purchase obligation yet met. Serious applications it is whether the applicant, honestly and seriously to look for work. Therefore, its applications in appropriate external form have to be made. Continue to the aspired occupation of training is to or but currently correspond to the carried out work of the applicant.