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Original poster

Foreign divorce papers!

36 replies

Storm4star · 26/09/2018 14:35

My (asshole) STBEXH lives in Germany and I've just received divorce papers but they're all in German! Who's responsibility is the translation? We married in England and neither of us are German, if that's relevant?

OP posts:
hellsbellsmelons · 26/09/2018 14:37

Wow - I have no idea who is responsible but I would suggest him.
Can you get a free half hour with a local family solicitor.
They could probably advise on this.

Original poster
Storm4star · 26/09/2018 14:43

Luckily there isn't too much to sort out. We both rent, both earn the same, no kids etc. But the letter does include something about 6000 Euros! So I need to know what that's about! The whole thing is about 10 pages long.

Honestly I don't really want to pay for translation myself. He wanted this divorce so he can pay for it. But yes if I can get a half hour free with someone then it's probably a good idea.

OP posts:
TiaMariaAndCoke · 26/09/2018 14:46

I married abroad (EU) and am filing for divorce here (we're both British). Only a few hundred quid. Head him off at the pass!

ravenmum · 26/09/2018 14:48

You married under UK law and can divorce under UK law. PM me the bit about the 6000 euros if you like.

AuntieGeek · 26/09/2018 14:49

First off, can you scan (try OCR scanner for your mobile) set the language settings to German and copy out to a Word document, then throw the whole thing through Google Translate. That will give you a rough idea of what it all means. Then the free half hour idea. If you can find a solicitator who does European family law (there are enough that do French conveyancing so you'd probably find one) try to get a free half hour consultation. Thereafter go with what they/your instincts say.

ravenmum · 26/09/2018 14:51

That is, you can divorce under UK law - you would have to start your own proceedings.

ravenmum · 26/09/2018 14:52

If you scan it all, you can throw the whole thing through me too, just for gist; I'm a certified translator :)

ravenmum · 26/09/2018 14:54

www.scheidung-online.de/divorce-in-germany/

MapleLeafRag · 26/09/2018 14:59

Have you got the marriage certificate?

If you have then you can start proceedings here.

Shambu · 26/09/2018 15:24

Start your own proceedings here.

Get a quote from an online translation service and email it to him. That might put him off the idea of trying to do it in German.

Original poster
Storm4star · 26/09/2018 16:03

Thanks so much Ravenmum. The link is really interesting. I have emailed his solicitor and said I can't understand so will see what she says!

I have google translated the 6k bit and don't understand it! It's something along the lines of him being on 2k a month so 6k is calculated as being triple that amount for the purposes of the case? I guess I need to understand the rest for that to make any sense.

OP posts:
Original poster
Storm4star · 26/09/2018 17:59

So I've had a proper read of the link and it says:
In Germany there is no single price for divorces. Rather, the cost depends on the individual circumstances:
– How much is the monthly net income of both spouses?
I'm guessing this is where the 6k comes in then? They don't know my income so I guess they're initially judging it on his alone.

OP posts:
TemptressofWaikiki · 26/09/2018 18:44

PM me if you need an accurate translation. I speak a few languages and am fluent in German.

RandomMess · 26/09/2018 18:47

Much cheaper to divorce using UK courts if you're both in agreement!

Changedname3456 · 26/09/2018 19:06

Generally it’s down to who gets in first as to which court would take precedence. You married here, but the German (and UK) courts may decide that he’s become habitually resident in Germany and therefore entitled to divorce there. I don’t think a UK court would insist on precedence, based on what I’ve read about other cases (but I’m not a lawyer, so...)

ravenmum · 27/09/2018 08:39

Could mean something like that, yes - you have to pay two sums, one for the court and one for the lawyer(s). The court costs depend on how much you are fighting over in the divorce ("Verfahrenswert"), i.e. how much you both earn and what assets you own, that you have to split. The lawyer's costs depend on whether you hire one each or share a lawyer. Most people share a lawyer if it is an "einvernehmliche Scheidung", i.e. a consensual divorce, rather than one of you filing for divorce against the other.

Original poster
Storm4star · 27/09/2018 10:25

There are no assets. Turns out I earn a bit more than him, but he won't go after me for money as he just wants it over quickly. It's probably so he can marry a German woman and get proper residency! As, when we were there he hadn't yet got his residence card and was there as the partner of an EU citizen - me (he isn't an EU citizen). I'm kind of surprised they've let him stay and work there but I guess their rules are different to ours. I'm guessing maybe his boss managed to get him some kind of work visa.

Anyway, I did email him last night and said the papers need to be in English. He said "can you do it as it'll be cheaper for you" and I said "no". lol. He also asked me if I would "like" to pay half the costs, to which I also said no! I couldn't care less when we get divorced so he can pay if he wants it so bad.

OP posts:
ravenmum · 27/09/2018 11:10

Assets include things like life insurance policies and pension schemes. You need to have lived apart for at least 10 months before you can apply to the court.

ravenmum · 27/09/2018 11:11

If you don't pay half the costs, that would normally mean you have to hire your own lawyer and pay them the full costs, so watch out.

Original poster
Storm4star · 27/09/2018 11:17

We've lived apart for 2 years now so that's not an issue. The way he said it to me was that he was paying and when that was done he would let me know what half was, if I wanted to pay him back. I'll have to see what the papers say.

OP posts:
ravenmum · 27/09/2018 11:50

You're very trusting Grin - I also went along with the lawyer my ex chose, without one of my own, but I don't think I would have done if I had relied on him for translations. (Someone recommended the lawyer to him, so he turned down my suggestion - but the lady recommended turned out to be brilliantly resistant to his attempts at chumminesss.)

Original poster
Storm4star · 27/09/2018 11:56

Lol, well I haven't made any decisions properly as of yet. I might send a couple of pages to you later if that's ok? As it's not clear to me what action I should be taking in relation to the letter. The bit's I can understand just seem to say he's filed for divorce but presumably I'm supposed to do something?!

OP posts:
ravenmum · 27/09/2018 12:09

Sure, I'll have a look.

Original poster
Storm4star · 27/09/2018 14:34

Well I'm starting to think I might need a solicitor as we're already arguing! I managed to ascertain from my limited German that in the papers it says that he said the split was "mutual" and "friendly" Hmm that could not be further from the truth! I told him I wanted him to take responsibility (for once!) and be honest. So then he asks me to write it for him!!! Clearly he is still the man child he was when we were together! Of course, I refused and told him he's an adult and capable of telling the truth!

I don't think I should engage with him any more on this and will maybe have to have a scout around for the free half hour if I can.

OP posts:
Original poster
Storm4star · 27/09/2018 15:16

Ok, another update! I found in the papers a letter that says I am allowed to refuse the documents if they are not written in a language that I understand. And that I should tick the form to say what language they need to be in and send them back within one week. So that's what I'm doing. That gives me time to look for a solicitor just in case.

OP posts: