Just happily engaged and preparations for the wedding are already in full swing; Perhaps expensive purchases have already been made, such as buying a wedding dress, or even a loan has been taken out for a shared property – and then the separation follows.
Since a wedding can sometimes be expensive and often involves significant financial investments, after a separation the question arises as to who has to pay for the costs already incurred and whether there are any claims for damages against the ex-partner.
What are the legal consequences of an engagement?
The initial question is how an engagement should be assessed from a legal perspective.
It is well known that an engagement is not legally binding and can be broken by either partner at any time and without reason.
An engagement does not (of course) obligate you to marry each other later.
However, it is not entirely without legal relevance: This creates a right to refuse to testify according to Section 52 of the Code of Criminal Procedure (the “classic” from criminal law: the “spontaneous engagement” in the context of ongoing criminal proceedings against the partner). However, there are no tax advantages or inheritance rights resulting from an engagement.
However – which many people do not know – in the event of the dissolution of an engagement, liability for damages can arise under certain conditions.
Obligations to pay compensation following the dissolution of an engagement
The relevant regulations can be found in Sections 1298 ff. BGB.
In principle, both the person who breaks off the engagement and the person who is “abandoned” can become liable for damages.
Specific case from a colleague: The client’s accusation of infidelity – or more precisely, of “foreign writing” – with the result that the other side now wants a five-figure sum refunded.
According to § 1299 BGB, a corresponding claim for repayment should arise if one fiancé has caused the withdrawal – i.e. the separation of the other – due to a fault that constitutes an important reason for the withdrawal.
The wording of the standard alone makes it clear that, according to the legislature’s intention, not every reason is suitable for this, but rather there must be an important reason. What is required is, so to speak, some serious anti-engagement behavior.
This is conceivable, for example, in the case of classic cheating, concealing an existing marriage or significant violence against the partner – although, particularly in the first case, the specific circumstances of the individual case are important.
It is also worth mentioning that the standard requires the other partner to be at fault, which must be proven by the claimant. Of course, the expenses incurred must also have been appropriate to the circumstances – it should come as no surprise that there can be endless debates about this.
What to do if your ex-partner claims compensation?
If your ex-partner asks you to make appropriate repayments, do not be afraid to seek legal advice. This is particularly true if the opposing side is represented by a lawyer.
Disputes of this type are family matters that are litigated in the district court and usually have a high potential for disputes.
Please also note that the parents of the ex-partner may also be able to claim compensation for damages!
2024-01-06 21:17:49
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