Can a man live without marriage
Live together without a marriage license
What happens if you break up?
The partner who earned less while living together because they looked after the children or ran the household has no claim to maintenance from the ex-partner in the event of separation. The law only makes an exception for the mother of a joint illegitimate child: She can demand maintenance from the father for the first three years of the child's life - and in individual cases longer - if she is not gainfully employed because of caring for the child.
The compensation of pension entitlements provided for in family law and the provisions on profit compensation do not apply to unmarried partnerships. And finally, in the event of a separation, the partners themselves have to agree on who is allowed to stay in the shared apartment and how they should divide up the household effects.
If you want to exclude all these risks of a “marriage without a marriage certificate”, the ARAG experts advise you to come up with amicable written regulation on financial and property issues both during the cohabitation and in the event of a separation. Such an agreement - usually referred to as a “non-marital partnership contract” - does not require any special form. For reasons of evidence, however, it is advisable to put the agreement in writing. If you are unsure which regulations make sense in the specific situation, you can also seek advice from a lawyer or notary. If a declaration of custody for joint underage children is to be made in the agreement, however, it should be noted that such a declaration is public - i. H. must be certified by a notary or by the youth welfare office in order to be effective.
In the case of illness
In the event that a partner becomes (seriously) ill, it is advisable to make provisions in writing. Because without the appropriate power of attorney, the other person has no right to information from the treating physician and is not asked if B. is about consent to an operation. A comprehensive power of attorney can help in this situation, which includes matters relating to property law as well as questions of health care and residence requirements.
If, on the other hand, the authorization is only intended for certain areas, it can be supplemented by a supervision decree, if necessary. Those who want to clarify in advance what the proxy should order in the event of an incurable illness can also draw up an advance directive. According to the law, the living will must be drawn up in writing. Regardless of whether it is handwritten or written with a machine or computer: it is important that the decision is dated and signed by hand.
In contrast, no special form is required for health care proxy and supervision orders. However, they should also be drawn up in writing so that they can also be used in an emergency. Only if the power of attorney is also to include real estate transactions does it have to be certified by a notary. A notarized power of attorney is also recognized by banks. In contrast, the bank will generally not accept a power of attorney issued “only” in writing. It is best to clarify this question with the bank in advance.
What about the inheritance?
Couples who are not in a marriage or in a civil partnership should consider making a will. Because even if you don't like to deal with the subject of "death": The fact is that the surviving partner has no statutory right of inheritance to the deceased's estate.
If couples want to use each other as heirs in the event of the death of the other, they must, however, note that each partner must draw up their own will. The law only provides for a joint will for spouses and partners in a registered civil partnership. The individual will can be drawn up by hand, i.e. it must be handwritten by the testator, given the place and date and signed. If you need advice or want to be on the safe side, you can alternatively have a will drawn up by the notary.
For some time now, the parties have repeatedly been considering abolishing the splitting of spouses in favor of family splitting. According to the ARAG experts, one thing is certain: only those who are married or live in a registered civil partnership can currently benefit from the more favorable tax brackets in Germany. Unmarried couples have to pay their obolus like singles - even if they raise children together.
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