Divorce in Germany: Procedure, Timeline, Costs and Consequences

Divorce in Germany is always a court procedure: a marriage is dissolved only by a decision of the family court on the application of one or both spouses (§ 1564 BGB). Below we explain which requirements must be met, how the proceedings work, what is decided together with the divorce and what determines the costs.

When a marriage can be dissolved

A marriage is dissolved if it has broken down — the spouses no longer share a married life and it cannot be expected to be restored (§ 1565 Abs. 1 BGB). The law makes this easier to prove:

• 1 year of separation + consent: if both spouses file for divorce or the other spouse consents, the breakdown of the marriage is irrebuttably presumed (§ 1566 Abs. 1 BGB);
• 3 years of separation: the marriage is deemed to have broken down even without the other spouse's consent (§ 1566 Abs. 2 BGB);
• less than one year: divorce is possible only in cases of unreasonable hardship for reasons relating to the person of the other spouse (§ 1565 Abs. 2 BGB).

Living apart (Trennungsjahr)

Spouses live apart if they no longer have a joint household and one of them clearly does not wish to restore it. This is also possible within the same flat (§ 1567 Abs. 1 BGB). A short period of living together with the aim of reconciliation does not interrupt the period (§ 1567 Abs. 2 BGB). It is advisable to record the date on which the separation began — for example, in a letter to the other spouse — as it is frequently disputed. Examples from practice: dispute over the separation period, dispute over the date of separation.

How divorce proceedings work

1. The divorce petition is filed with the family court (Familiengericht at the Amtsgericht) by the lawyer of one of the spouses. Mandatory representation — § 114 Abs. 1 FamFG; the other spouse does not need a lawyer to consent to the divorce (§ 114 Abs. 4 Nr. 3 FamFG).
2. Jurisdiction: as a rule, the court at the place of residence of the spouse with whom the joint minor children live; otherwise, the court at the last joint place of residence or the spouses' place of residence (§ 122 FamFG).
3. Versorgungsausgleich: the court requests information on both spouses' pension rights.
4. Court hearing and decision. The marriage is dissolved once the decision becomes final (§ 1564 BGB).

What is decided together with the divorce

The court hears and decides the divorce and the so-called ancillary matters (Folgesachen) together, as a combined set of proceedings (Verbund, § 137 FamFG). These include:

• Versorgungsausgleich — the division of pension rights acquired during the marriage; the court carries it out without a separate application. For marriages of up to three years, only on the application of one of the spouses (§ 3 Abs. 3 VersAusglG);
• maintenance for children and the former spouse — if applied for;
• the marital home and household goods (§ 1568a BGB);
• division of property — under the statutory matrimonial property regime, the accrued gains acquired during the marriage are equalised (Zugewinn, § 1373 BGB); the spouses are entitled to demand information about each other's assets (§ 1379 BGB);
• custody and contact with the children — in certain cases.

Further reading: division of property on divorce, amicable divorce with a property settlement agreement.

Children and divorce

Joint parental custody generally continues after divorce. Each parent may apply to be granted sole custody; the court grants the application if the other parent consents (not, however, if a child aged over 14 objects) or if this best serves the child's welfare (§ 1671 BGB). The child has a right to contact with each parent (§ 1684 BGB). Further reading — Wechselmodell and right of contact with the child.

Maintenance

During the separation, a spouse may claim maintenance under § 1361 BGB. After divorce, each spouse is, as a rule, responsible for their own support (§ 1569 BGB); maintenance for a former spouse is payable only on statutory grounds — for example, because of caring for a joint child (§ 1570 BGB). For details, see the article "Maintenance in Germany".

How much a divorce costs

Court fees and lawyers' fees are calculated on the basis of the value of the proceedings (Verfahrenswert). For the divorce, it is set at the court's discretion taking all circumstances into account, primarily the net income of both spouses over three months; the minimum is €3,000 (§ 43 FamGKG). The Versorgungsausgleich and disputes over property, maintenance or children increase the costs. If funds are insufficient, an application for procedural legal aid (Verfahrenskostenhilfe) can be made (§ 76 FamFG). Agreed terms, for example a divorce settlement agreement, often reduce both the duration and the costs.

If the marriage was concluded abroad

German courts can also hear the divorce of spouses who married abroad if the spouses, or one of them, are habitually resident in Germany. Which court has jurisdiction and which country's law applies is determined by EU rules and private international law — this must be examined before filing the petition. Example: divorce from a spouse residing in Ukraine.

Frequently asked questions

Can I get divorced in Germany without a separation year?

As a rule, no. Before the separation year has expired, a marriage is dissolved only if its continuation would constitute unreasonable hardship for the applicant for reasons relating to the person of the other spouse (§ 1565 Abs. 2 BGB).

Do I need a lawyer to get divorced in Germany?

The divorce petition is filed by a lawyer: mandatory legal representation applies in divorce proceedings (§ 114 Abs. 1 FamFG). The other spouse does not need a lawyer if they merely consent to the divorce (§ 114 Abs. 4 Nr. 3 FamFG).

How much does a divorce cost in Germany?

Court and lawyers' fees depend on the value of the proceedings (Verfahrenswert). For the divorce itself, it is determined primarily by the three-month net income of both spouses, but is not less than €3,000 (§ 43 FamGKG). Disputes over property, maintenance and children increase the costs. If funds are insufficient, procedural legal aid (Verfahrenskostenhilfe) may be available.

Can we live separately in the same flat?

Yes. Living apart is also possible within a shared flat, provided the spouses no longer run a joint household and one of them clearly rejects married life together (§ 1567 Abs. 1 BGB).

Can I get divorced in Germany if we married abroad?

Often yes: a German court may have jurisdiction if the spouses, or one of them, are habitually resident in Germany. Which court has jurisdiction and which law applies must be examined in each individual case.

Conclusion

Divorce in Germany is a formalised procedure, but its consequences affect pensions, property, maintenance and children for years to come. A strategy planned in advance saves time, money and stress. We handle divorce cases throughout Germany, including for Russian- and Ukrainian-speaking clients.

This article is for general information only and does not replace individual legal advice.