Why should you stay unmarried?

Properly secured Marriage without a marriage certificate: This applies to unmarried couples

Is it advisable to regulate the rights and obligations in a cohabiting partnership by contract?

Such a contract gives both partners a little more legal security, which is particularly useful in the event of a separation. Even if the unanimous desire to waive legal ties was likely to have been the decisive factor in choosing this form of cohabitation, joint projects with significant economic implications (e.g. renting an apartment, building or buying a property, dividing up the partners) in housekeeping on the one hand and gainful employment on the other) be contractually secured so that if the cohabitation fails there is no rude awakening for one of the partners. In contrast, the personal circumstances of the partners are not accessible to any contractual regulation. Agreements that oblige the partners to be faithful to one another, to live together or to use contraceptives are legally ineffective.

Is the unmarried father also entitled to parental leave and parental allowance?

Anyone who has a place of residence or habitual abode in Germany, lives in the same household with their child, looks after and brings up this child themselves and does not or does not work fully, is entitled to parental allowance. Unmarried fathers also belong to the group of beneficiaries. The prerequisite, however, is that they have recognized paternity or at least have initiated a recognition process. On the other hand, men who look after the child of another father under otherwise identical conditions only receive parental allowance if they have adopted the child or have taken it into their household with the aim of adopting it, or if they are married to the child's mother.

Is there a possibility of withdrawing after the separation of jointly concluded loan agreements if the thing acquired with the loan funds is only used by one of the former partner?

If two (or more) people take out a loan together, they are jointly and severally liable for the repayment and interest. In this case, the lender has the choice of claiming one or the other or both jointly or both proportionally for payment, unless the payment is made voluntarily.

The joint payment obligation is retained even if one of the borrowers can no longer use the thing acquired with the loan. As a rule, he can ask his ex-partner to keep him free from a claim by the lender. However, the claim to freedom only exists in the internal relationship of the terminated non-marital partnership, so that the lender can still take recourse if the internally responsible borrower does not pay. A claim against the lender for release from the loan liability does not exist.

Is the income of the illegitimate partner also taken into account when it comes to entitlement to BAföG?

Unmarried partnerships do not have to face any disadvantages under the Federal Training Assistance Act (BAföG). Since unmarried partners do not owe any maintenance, in contrast to spouses, the income of the illegitimate partner is not taken into account when drawing benefits under BAföG.

Can non-married people also save on taxes by running two households?

The recognition of double housekeeping presupposes that the taxpayer maintains one household in the place that forms the center of his vital interests and another household in the place of employment. The center of life's interests is determined by closer personal relationships. These relationships include primarily, but not exclusively, that with the spouse. The relationship with the illegitimate partner, parents or friends can also establish a focus of life's interests. A weighty indicator of double housekeeping is that the taxpayer contributes to the costs of housekeeping.

Are you obliged to pay alimony even without marriage?

The conjugal maintenance law does not apply to the illegitimate cohabitation. In principle, the illegitimate partner therefore has no maintenance claim unless a corresponding contractual agreement has been made.

The only exception is the case that the illegitimate cohabitation has resulted in a common child. In this respect, a few years ago the legislature added a special regulation for parents who are not married to each other - including those who do not form a cohabitation - in the family law with § 1615l BGB. According to this, the mother was entitled to maintenance for up to three years after the birth for looking after the child, beyond that only in special exceptional cases. Since the maintenance law reform that came into effect on January 1, 2008, there is no longer any difference between the maintenance entitlement of mothers of legitimate and illegitimate children. Both of them are now entitled to maintenance for at least three years after the birth. It is extended to the extent that this is fair. In particular, the needs of the child and childcare options must be taken into account. The same applies to the caring parent, and possibly also the father, if he cannot be expected to work because of the care or upbringing of the child.

The maintenance claim of the caring parent must be differentiated from that of the child, who has its own maintenance claim against the other parent based on monetary payment. It should also be noted that the reason and the amount of that claim depend on the need of the dependent and the ability of the

Can the partners of a illegitimate cohabitation draw up a joint will in which they appoint each other to inherit?

In contrast to the surviving spouse, there is no statutory right of inheritance for the surviving partner in an illegitimate partnership. Likewise, there is no possibility for the partners of a illegitimate cohabitation to draw up a joint will.