Tuesday, February 15, 2011

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Three days after the wedding he falls into another - must comply Nevertheless, the year of separation

High demands the Munich Higher Regional Court shall, if someone wants to be divorced because of undue hardship immediately: Even if the man turns away immediately after the marriage of his wife and another swears eternal love, the year of separation must be maintained.

This has OLG München by order of 28.7.2010, case no 1104/10 = 33 WF FamRZ 2011, 218 is decided.
The wife got exactly three days after the marriage, received a telephone call from a close friend, her newlywed husband sitting right beside her and she had just revealed his love. What was true. And besides, he had on the date of marriage not sent a email to the real lady of his heart - with same content.
For the wife a hard blow? "A Guada hoids from " (1), they say in Bavaria, which is why the OLG Munich while the women attested to a "significant psychological distress", but nevertheless not unreasonable acc. § 1565 II BGB saw. In breach of faith that was following the case law is not the case anyway, if not there are other circumstances (publicizing the public, breach of trust in the marital home) make the process "very degrading." In other words - peddled as the husband with his new girlfriend is not even three days after the marriage in the circle and went to the breach of faith not in the marital home was done while the wife discarded the wrapping paper of wedding gifts, had to wait for the wife's separation year before they to the fact, have become the subject of a wrong decision, could finally draw a Schlusstrich.

(1) "A good is to hold." In such same origin, as the adage that "a couple Watsch'n no neamds geschod" have.

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