Lebt der getrenntlebende oder geschiedene Partner in einer neuen eheähnlichen Beziehung, kann dies zu einer Kürzung oder sogar zum Wegfall des Ehegattenunterhalts nach § 1579 Nr. 2. BGB führen. Zu den Voraussetzungen einer solchen Partnerschaft hat das OLG Düsseldorf sich jetzt noch einmal näher geäußert.
Grundlage seiner Entscheidung II-7 UF 69/10 from 09.13.2010 = FamRZ 2011, 225 was a partnership which has existed for many years in which the new partner to family celebrations (eg high school ball) and took part in the man gave to the children of the new partner. Furthermore, they went on holiday together. Although they had separate apartments. The woman took, however, (during the week) participate in public events together with the man, in which the wife of this man (he was still married) was present.
OLG Dusseldorf came here from a marriage-like partnership. It weighed the evidence from each of these to see if you make the respective activities with close friends or even with well known and what impact these activities to the outside. In
holiday, you go with distant friends, even with those one could have long-term acquaintances. These criteria speak for themselves not seen for a marriage-like partnership.
would take to family gatherings However, only persons who are already in practice with the family. Regular gifts would also be shared only with people who are close.
was crucial in the present case that the new partner and the former wife of the man together in public events attended. That is, the Court of Appeal, from the perspective of the public a clear signal that the man had turned away from his wife and turned his new partner. It will clear in public that the old partnership no longer exists and was replaced by a new partnership.
Accordingly, the Court of Appeal can conclude that there is on the basis of the above criteria, a marriage-like partnership after § 1579 No. 2 BGB and upheld by the district court already made maintenance reduction to zero. This led the court does not matter whether the couple lives together or not. In any event, the partnership in the present case is no longer the character of a guided at a distance relationship that the offense of § 1579 No. 2 BGB majeure, XII ZR 284/99 BGH FamRZ = 2002.23 = NJW 2002, 217
focus of family law quick info on the ruling (click to enlarge):
this post to print out and read as a PDF download
0 comments:
Post a Comment