For most married couples in Germany, an uncontested divorce is the fastest and most affordable way to legally end a marriage. Unlike a contested divorce, both spouses have already agreed on the divorce itself and on its key consequences before the application is filed with the family court.
Requirements for an Uncontested Divorce
The basic requirement is the so-called separation year: the spouses must have lived apart for at least twelve months before the family court can grant the divorce. Living apart within the same household is generally possible, provided a clear separation of household and finances can be demonstrated.
- Both spouses agree on the divorce.
- The separation year has been completed at the time the application is filed.
- Arrangements for maintenance, custody and assets are ideally settled in advance.
How the Process Works
Because legal representation is mandatory in Germany, at least one spouse must be represented by an attorney to file the divorce petition with the competent family court. The other spouse may consent to the petition without their own legal representation, provided no separate applications are filed.
After the petition is filed, the court carries out the pension equalisation ex officio, balancing the pension entitlements accrued by both spouses during the marriage. Once all information is available, a divorce hearing is scheduled, at which both spouses are heard in person.
The more clearly the ancillary matters are settled in advance, the shorter and more predictable the court proceedings will be.
What Does an Uncontested Divorce Cost?
Costs comprise court fees and attorney fees, and are based on the so-called procedural value, which depends, among other things, on both spouses' combined net income. Since an uncontested divorce generally requires only one attorney, the total cost is often significantly lower than in a contested divorce.
In an initial consultation, we determine the likely procedural value for your individual situation and give you a realistic estimate of the expected costs before you decide.
Conclusion
A well-prepared uncontested divorce saves couples time, money and unnecessary strain. We support you from the initial assessment through filing the petition to the final divorce decree.
