Divorce

Divorce (Scheidung) is the dissolution of a marriage by decision of the German family court. It is governed by §§ 1564 et seq. of the German Civil Code (BGB).

Under German law, a divorce requires that the marriage has failed. This is generally presumed once the spouses have lived apart for at least one year and both consent to the divorce, or after a separation period of three years. In cases of particular hardship – such as domestic violence – the marriage may exceptionally be dissolved before the end of the one-year separation period.

The divorce petition usually triggers additional matters that are decided alongside it: pension equalisation, equalisation of accrued gains, post-marital maintenance as well as questions of parental custody and contact rights. Representation by a lawyer is mandatory before the family court. Early legal advice helps to document the date of separation, financial assets and pension entitlements properly and to prepare amicable solutions.