Divorce in Germany can become a complicated process due to legal, financial and personal aspects that may occur. Having a better understanding of what the process involves and what rights each spouse has is essential for a smooth separation process. In this article, our German divorcelawyers briefly explain: the main grounds for divorce filing, child custody legal aspects and requirements, property division where it is the case, and the required documentation.
Table of Contents
Grounds for divorce in Germany
The German Civil Code makes no discrimination between spouses in case of divorce. The applicable law in case of divorce proceedings in Germany is the law governing the effects of marriage at the time a petition for divorce is submitted. The following grounds are taken into consideration in case of marriage dissolution by divorce:
- the spouses must have lived separately for at least one year, one of the spouses has filed for divorce and the other one has consented;
- the spouses have lived separately for three years, case in which only one spouse may file for divorce.
Marriage dissolution is also possible even if the spouses have not lived apart for one year, if the marriage poses difficulties to one of the spouses. In this case, however, a German court may ask for additional information and proof.
The divorce procedure in Germany
Divorce proceedings in Germany may begin once one of the spouses has filed for divorce. The German legislation does not allow for common divorce petition. Also, only the spouse requesting the divorce must be represented by German lawyers. The Family Court rules in divorce cases in Germany. Once brought before the court, the judge will consider issues like child custody and support, spousal maintenance and division of common property.
If the divorce procedure is conducted according to the German legislation, the supply balance needs to be regulated; meaning pension rights earned during the marriage must be equally divided between spouses. In this case the divorce procedure may take at least six months. The divorce procedure takes about ten weeks if there is no need to calculate the supply balance. The supply balance is not calculated if:
- the marriage has lasted at most three years;
- both spouses have waivered the supply balance;
- both spouses agree the divorce procedure is tired under a foreign law, which is possible if one of the spouses lives abroad.
Documents needed for divorce filling in Germany
The documentation needed in the process of filing for divorce in Germany can vary based on each couple’s unique situation. When initiating the dissolution of marriage, partners have the obligation to submit specific documentation to the Family Court in order to progress their case. Preparing these documents ahead of time accelerates the conclusion of the divorce process and avoids unnecessary delays. Our divorce lawyers in Germany can assist with the preparation and verification of the mandatory paperwork. Key documents needed include:
- marriage certificate in original form or certified duplicate;
- official confirmation stat state at least one spouse is living in Germany for specific period of time;
- validation of the timeframe the spouses have been living separately, for example rental contracts or witness statements;
- the children’s birth certificates, in the case that child custody is a consideration;
- financial reports like: income like tax returns and pension statements;
- Official proof of jointly held property or possessions like: contracts, property deeds and bank statements.
Our German divorceattorneys can offer professional legal advice in getting these documents in order promptly, as the court may request supplementary materials relying on the complexities of every case.
Are there any other available marriage dissolution procedures in Germany?
The German legislation also allows marriage annulment and legal separation. Legal separation does not require any legal formalities to be completed, but for one of the spouses to move separately. Marriage annulment, on the other hand, may be declared by a German court only. Marriage annulment may happen if one of the spouses is already married, is not full of age or if parties have not registered the marriage with the Civil Register.
Legal matters of child custody in Germany
In Germany, disagreements over child custody in the divorce process can become complex and difficult regarding the legal matters. This is because the law’s dominant concern is the child’s best interests during this tough time that can affect the children. At first, both parents can jointly share custody rights and parental responsibilities if they come to an agreement in this matter. Though, the Family Court may alter this arrangement if one parent is considered as unable or unwilling to offer properly care for the child. Legal factors that must be considered regarding child custody after divorce in Germany include:
- Responsibility for the child, as both parents have the right and responsibility to make decisions concerning the child’s education, health care, religion, etc.;
- Custody arrangements: in the cases where parents can’t have an agreement, the Family Court will decide which parent will have primary custody. The other parent usually has the right to visit;
- Moving information: a parent does not have the right to take a child abroad without the consent of the other parent or a court order;
- Child support (Unterhalt): the parent who is not the primary custodial one has the obligative to pay child support, as determined through the Düsseldorfer Tabelle.
Moreover, regarding dispute resolution in child custody divorce cases, our German divorce attorneys can constantly offer help to the parents about the reach agreement and represent the parents in court if the child custody case ends up in this way.
The German courts focus on keeping relationships with both parents as strong as possible and our German law firm is able to provide advice on how to fulfil any legal obligations while acting in the best interest of the child.
Division of assets for a divorce in Germany
One important aspect of every divorce relates to the division of assets. According to the German legislation, spouses filing for divorce will separate their common household assets, in the sense that each partner can keep the assets he or she owns.
The expensive objects acquired by both partners during the marriage are jointly owned. At the dissolution of marriage, the spouses will have to sell the objects and share the value of the sale. Another procedure is that one of the partners transfers his or her ownership rights to the other partner, who will offer a sum of money for that specific asset to the partner who has renounced his rights.
If you need further information on the division of assets in case of a divorce, our divorce lawyers in Germany can offer specialized support.
Data on divorces in Germany
The divorce rates in Germany are calculated as the separations of a marriage unit per 1,000 marriages, as recent statistics from 2024 mention:
- The total divorce rate was of 280,3 per 1,000 marriages;
- The average duration of marriages before divorce was of 14,7 years;
- Main age for divorces was 47,6 for men and 44,6 for women.
For legal representation in case of divorce proceedings you may contact our divorce lawyers in Germany.