Divorce in Germany

In Germany, a marriage can be dissolved by divorce if it has broken down. The so-called breakdown principle (Zerrüttungsprinzip) applies: if the spouses no longer share their lives together and this cannot be expected to be restored, the marriage is deemed to have broken down. The divorce can then be pronounced by a court decision.

Would you like to get divorced, or first take advice before a possible divorce? Lawyer Dr. Christina Schmidt is an expert in divorce law. She supports you in your divorce proceedings discreetly, with a focus on solutions and with determination.

01 Uncontested and Contested Divorce

The simplest and most cost-effective type of divorce is the uncontested divorce. Here, the spouses agree that both of them want the divorce.

However, even if only one of the spouses wants to go their own way while the other still wishes to hold on to the marriage, divorce is in principle possible. In this case, it is referred to as a contested divorce.

Tip In an uncontested divorce, only the spouse who files the petition needs a lawyer. The other spouse merely has to consent to the divorce petition. A prerequisite for an uncontested divorce, however, is that the spouses have already agreed on important ancillary matters such as custody and contact rights, maintenance etc. and state this in the divorce petition.

02 The Significance of the Separation Period

In the run-up to the divorce, the so-called separation period plays an important role. It must be observed in both uncontested and contested divorces. Spouses are considered separated when they no longer share a household.

Info If a couple separates without either spouse moving out, they must at least divide the home into separate areas.

Once the spouses have been separated for at least one year and both wish to divorce, the marriage is presumed to have broken down. Nothing then stands in the way of the divorce.

If only one spouse wants a divorce, the couple must, as a rule, already have lived apart for three years for the presumption that the marriage has broken down to apply.

If the spouses have been separated for less than one or three years respectively, the breakdown of the marriage must be specifically proven and established by the court. This applies to both uncontested and contested divorces. There are also exceptions to the separation periods in cases of hardship, for example where a violent spouse poses a danger to the other.

03 Filing for Divorce

The divorce is filed with the family court (Familiengericht; in German) in whose district one of the spouses lives with the joint minor children. For couples without children, the court's jurisdiction is determined by the last shared place of residence, provided one of the spouses still lives there. If both spouses have moved away from their shared place of residence, the court at the place of residence of the respondent has jurisdiction for spouses without children. This is the spouse on whom the other's divorce petition is served.

Representation by a lawyer is mandatory (Anwaltszwang), and the divorce petition can only be filed by a lawyer.

The petitioner must also pay an advance on court costs so that the court formally serves the divorce petition on the other spouse.

04 Divorce Proceedings

The family court then schedules a divorce hearing at which both spouses are heard.

The judge then issues a divorce decree establishing the divorce. As a rule, a decision is also made at the same time on the so-called pension rights adjustment (Versorgungsausgleich). This is the division of the entitlements to retirement provision acquired by both spouses during the marriage, in particular pension rights.

Important to know If only one spouse has a lawyer, their ex-partner cannot file any applications of their own in court! For this reason, they also cannot waive the right to appeal at the divorce hearing. Consequently, the divorce cannot become final immediately. Instead, the divorce decree can still be challenged by way of an appeal (Beschwerde) for one month.

05 Divorce Costs

A divorce incurs lawyers' fees and court costs. The amount depends on the so-called value of the matter (Gegenstandswert, for the lawyer) or value in dispute (Streitwert, for the court). Both are calculated on the basis of three times the spouses' net income. The more the couple earns, the more expensive the divorce will therefore be.

Our divorce cost calculator gives you an initial overview: