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Divorce: procedure, year of separation, and what you need to know

A divorce follows a clear procedure: generally the year of separation must first have passed before the divorce application is filed with the family court. A lawyer is required for the application. In the proceedings, among other things the pension adjustment is arranged.

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A marriage can be divorced if it has failed; this is presumed after the year of separation has passed (§ 1565, § 1566 BGB). The divorce application must be filed by a lawyer (lawyer requirement).
If both agree (an amicable divorce), often one lawyer who files the application is enough; the other consents. This saves time and costs compared with a contested divorce.

What you should do now

  1. 1

    1. Observe the year of separation

    Live separately, this can also be within the home ('separation of bed and board'). Note the point of separation.

  2. 2

    2. Clarify the consequences

    Arrange, as amicably as possible, support, custody/contact, household goods, home, and assets (accrued gains). This speeds everything up.

  3. 3

    3. File the application

    After the year of separation, a lawyer files the divorce application with the family court. The pension adjustment is generally arranged ex officio.

  4. 4

    4. Hearing and ruling

    At the court hearing the divorce is pronounced. When the ruling becomes final, the marriage is divorced.

How to spot the scam

  • The divorce application is filed without a completed year of separation and without a hardship ground.
  • Consequential matters are not arranged at all and lead to long contested proceedings.
  • It is overlooked that a lawyer is required for the application.

Frequently asked questions

Do I need the year of separation for the divorce?

Generally yes. After the year of separation has passed, the failure of the marriage is presumed (§ 1566 BGB). Only in rare hardship cases is a divorce possible earlier. The separation can also take place within the shared home.

Do I have to get a lawyer?

A lawyer is required for the divorce application, only a lawyer can file it. In an amicable divorce, it is often enough that one spouse is represented by a lawyer and the other consents.

What is arranged in the divorce proceedings?

Besides the divorce itself, generally the pension adjustment (division of pension entitlements). Further consequential matters such as support, accrued gains, household goods, and custody/contact questions can be negotiated along with it or arranged separately.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.