Divorce application decision Unfortunately this specification of service has not yet been completely translated.

If you want to end your marriage, you can apply for divorce.

In order to terminate your existing marriage, you must apply for divorce in the Family Court. You must be represented by a lawyer. There is no legal obligation to approve the divorce application.

The Family Court shall issue a divorce if the legal requirements are met. In the case of a consensual divorce application by both spouses or the consent of the defendant to divorce, the district court, provided that the so-called separation year has been experienced, will divorce the marriage. In the case of disputed proceedings, the court shall decide within the meaning of the law on the basis of the situation in the individual case.

As a rule, this requires:

  • Your photo ID
  • the marriage certificate in the original or in a certified copy
  • if necessary. the birth certificates of your minor children in the original or in certified copy

Please seek legal advice on which documents your lawyer needs from you.

No

Preconditions

The prerequisite for the divorce of your marriage is that it has failed.

The marriage has failed when your cohabitation ceases to exist and you and your spouse cannot be expected to restore it.

This is irrefutable by law if you and your spouse have been living apart for at least three years. In addition, a marriage is considered a failure if you and your spouse have been living apart for a year and you are both applying for divorce or your spouse agrees to divorce.

If you and your spouse live less than three years apart and your spouse does not agree to divorce, you have to explain and prove that the marriage has failed.

The court may divorce the marriage regardless of the duration of the separation if the continuation of the marriage would constitute an unreasonable hardship for you for reasons that lie within the person of your spouse.

Related Links

  • Section 1564 et seq. Of the Civil Code (BGB)
  • Section 111 No. 1 Law on Family Procedure and Voluntary Jurisdiction (FamFG)
  • Section 113 (1) Of the Law on Procedure in Family Matters and voluntary jurisdiction (FamFG)
  • Section 114 (1) Of the Law on Proceedings in Family Matters and voluntary jurisdiction (FamFG)
  • Section 121 No. 1 Of the Law on Family Procedure and Voluntary Jurisdiction (FamFG)
  • Section 133 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
  • Section 43 Law on Court Costs in Family Matters (FamGKG)

The divorce application must be filed with your lawyer in the family court, usually after the separation period of at least one year.

  • The court then submits the application to the opponent of the divorce.dem. There is no legal obligation to approve the divorce application.
  • As a rule, pension compensation must also be carried out in the divorce association, i.e. the fair distribution of pension rights acquired by the spouses during the period of marriage. To this end, the district court will of its own motion ask you and your spouse to notify their pension providers and then ask the pension providers for information on the rights acquired by you and your spouse during the marriage period.
  • In addition, you and your spouse may also bring proceedings against you and your spouse in the divorce association, e.B. the supplementary compensation or subsequent marital maintenance.
  • In the date of the oral hearing on the divorce application, you and your spouse are usually personally consulted on the divorce conditions.
  • If the conditions for divorce are met, the Family Court will pronounce the divorce of the marriage by order.

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Last update or date of publication
10.11.2020