The year of separation: why it must come before divorce
In Germany there is no immediate divorce: as a rule, a year of separation must pass first. It is meant to ensure that the decision is well considered. What matters is what legally counts as separation at all.
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What you should do now
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1. Set the separation
Record the point of separation; it is also important for support and the equalization of gains.
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2. Live apart
Separate areas even in the shared home and no shared housekeeping.
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3. Arrange the consequences
Clarify separation support, children and finances early; that makes the later divorce easier.
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4. Divorce petition
After the year of separation, the divorce petition can be filed (through a lawyer).
Frequently asked questions
Do I really have to wait a year to get divorced?
As a rule, yes. The law only presumes the breakdown of the marriage after a year of separation, if both want the divorce (§ 1566 BGB). Only in exceptional cases of special hardship is a divorce possible earlier. After three years of separation the breakdown is deemed irrefutable, even if one partner refuses the divorce.
Does a separation count within the same home?
Yes. A separation from bed and board is also possible within the shared home: separate bedrooms, no shared housekeeping, no shared finances. What is decisive is that there is no longer a domestic community. You should record the point of separation.
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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.