• 1. Reform of the pension rights adjustment
  
• • a) Principle of internal divesture
    
  • b) Exceptionally external divesture
  • c) Exclusion of pension rights adjustment
  • d) More clearance for agreements
    
  • e) More clearness and understandability
    
  • f) Coming into effect and transitional rule
    
• 2. Property law reform
  • a) Consideration of debts during marriage
    
  • b) Protection against Assets manipulation
    
  • c) Improvement of the temporarily Remedy
• 3. Change by the commission of financial transactions supervided People
  
• 4. New procedural law in causes falling within the province of the family court
  • a) Key points of family court proceedings are:
  • b) Changes in other family court proceedings:
  • c) Reform of the voluntary Jurisdiction

1. Reform of the pension rights adjustment

The pension rights adjustment regulates the Verteilung of Pension entitlements between spouses after a divorce. Pension entitlements can arise, for example in the statutory pension insurance, the Civil service pensions and by internal or private retirement provision. If a marriage fails, provides the pension rights adjustment the divesture between the acquired claims of the spouses. This provides also an independent coverage for seniority and disability for the one spouse, which for example has disclaimed the own employment because of parenting.

a) Principle of internal divesture

The effective law by 01.09.2009 demanded an accounting of all in marriage acquired claims from different supplies and an adjustment of half of the difference in value oft the statuory pension insurance. During the conversion of various claims using the so-called Net Present value regulation arose, however, consumption changes in value, because the calculation was based on uncertain porjections about the future performance of the supplies. This led to unjustly divisional results and transfer losses at the expense of balancing legitimate spouses.

In future, each built up in the marital support right in the respective supply system itself is shared equally between the spouses. Each spouse receives his own "retirement account" in the relevant insurance system, which is a seperate claim against the respective insurance provider. This is the principle of "internalt divesture". It replaces the principle of calculating all entitlements and the one-time compensation beyond the statuory pension insurance. In future, the claims from the internal and private retirement provision can already full and final be shared during the divorce.Included are in the future also capital payments of operating retirement provisions. Subsequent compensation and amendment proceedings will be extensive unnecessary.

b) Exceptionally external divesture

Deviant from the principle of internal division exceptionally an "external pitch" could be made when the balancing creditor agrees. Also could be by smaller supplies (values to be transmitted untill about 50 Euro as a monthly pension amount, for certain employee pensions is a higher threshold) the external divesture required by the insurance provider side.

External here means that the division is not with the respective insurance provider from the obligation bringing into hotchpot spouse, but external is effected by these insurance provider intended to offset the amount of capital from another pension provider pays.

The compensation authorized person can decide if trough this payment for an already for her excisting supply should increased or a new supply should be provided

For example: If the employer from the Man want to indemnify the Man's wife , he could pay ,with her agreement, the for her owing supply capital with 15.000 Euro from the pension fund for example in a life insurance (Riester contract) for her favor earmarked into the bank. Here, too, the entitlement of the husband will be according reduced.

c) Exclusion of pension rights adjustment

In certain cases there is no longer held in a supply balance: Is it just some small compensation values or result on both sides at the same entitlements such high compensation values, the family court should refrain from carrying out the compensation. The threshold limit for both cases is currently about 25 Euro as a monthly pension amount.

For example:  If the woman started shortly before the divorce, to Save a Riester pension, and has so created a capital cover of total 500 Euro durring the marriage, the transfer of the pro-rata of 250 Euro would be disclaimed.A balance also dont happens, when both spouses have the same entitlements over nearly the same high level of supplies, or about, if the man acquired during the marriage, the statutory pension claims in the amount of 200 Euro and the women's state pension entitlements of 210 Euro monthly. Because this is only a value difference of 5 Euro per monthly pension. Under the previous law had a supply balance always needed to be done, even with such small values.

Even at a short marriage up in to three years (including year of seperation) does a supply balance no longer have to happen,unless one spouse applying explicitly for the compensation of pension entitlements.

d) More clearance for agreements

In the future, for couples is more latitude given, to draw agreements over the supply balance and control like that their poperty matters according to their individual needs.