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Book 4 · Family law  ›  Subtitle 1 · Statutory property regime › Section 1385

Premature equalisation of accrued gains of the spouse entitled to an equalisation claim in case of premature cancellation of the community of accrued gains

The spouse entitled to an equalisation claim may demand early equalisation of the accrued gains in case of a premature cancellation of the community of accrued gains

1.  if the spouses have lived apart for at least three years,

2.  if there is the fear that acts of the nature designated in section 1365 or section 1375 (2) will occur and this leads to the concern that a considerable danger to the satisfaction of the equalisation claim is given,

3.  the other spouse for a long period of time culpably failed to discharge their financial duties arising from the marital relationship and it is to be assumed that they will not discharge them in future either, or

4.  the other spouse persistently refuses without adequate reason, or has persistently refused without adequate reason until the petition for information was filed, to provide information on the inventory of their assets.

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