Divorce

In German divorce law the so-called ‘principle of broken marriage’ applies. The family judge has to be convinced that the marriage has failed. This is the case if the husband and wife are no longer living together and it cannot be expected for them to cohabit ever again.

Conditions of differing severity are applied for proof that the marriage has failed depending on how long the spouses have lived apart and whether both parties agree to a divorce or only one has filed the petition for the divorce.

The family judge does not attempt to find out which of the spouses made the bigger contribution to the failure of the marriage during the divorce proceedings.

If you have been living separately from your spouse for approaching one year, you are able to file for divorce through a solicitor.

In certain cases in the event of divorce by common consent, the family judge will also ask you to reach an agreement with your spouse about the post marital maintenance, the marital home and furniture, and in the existence of shared children, about the parental custody arrangements, personal contact and child maintenance.

If your spouse is not prepared to do this and does not agree to the divorce then the circumstances which resulted in the failure of the marriage must be presented in detail (e.g. a sustained lapse in contact, a sustained period with a new lover or partner).

In the event of a separation having lasted for more than three years, the family judge will assume that the marriage is irrevocably broken and will confirm the divorce.

With cases of domestic violence, in so-called ‘hardship-case divorces’ the year of separation which otherwise serves as a condition for the divorce can be ignored, and the marriage can be dissolved immediately if it is to be reasoned that the victim no longer wishes to adhere with the marriage.

Only the spouse who is filing the petition for the divorce has to be legally represented. If they do not wish to challenge the petition for divorce or to make legal representations of their own, the other spouse does not need to be represented by a solicitor during the divorce proceedings. They should receive advice from a solicitor about their legal rights, however.