Petition for divorce of a marriage

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

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 obligation for a lawyer to approve the divorce application.

The family court pronounces divorce if the legal requirements are met. In the case of an amicable divorce application by both spouses or the consent of the defendant to the divorce, the district court, if the so-called separation year has been lived, will divorce the marriage. In the case of disputed proceedings, the court decides within the meaning of the law on the basis of the factual situation in the individual case.

As a rule, the following must be submitted for this purpose:

  • 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 what documents your lawyer needs from you.

None

Preconditions

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

The marriage has failed when your cohabitation no longer exists 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 separated for a year and you both apply for divorce or your spouse agrees to divorce.

If you and your spouse live apart for less than three years and your spouse does not agree to the divorce, you must demonstrate 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 be unreasonable hardship for you for reasons that lie in the person of your spouse.

Related Links

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

The divorce application must be submitted to the family court by your lawyer, usually after the separation period of at least one year.

  • Subsequently, the court serves the application of the respondent or .dem the respondent in the divorce. There is no obligation for a lawyer to approve the divorce application.
  • As a rule, pension equalisation must also be carried out in the divorce association, i.e. the fair distribution of the pension rights acquired by the spouses during the marriage period. For this purpose, the district court will ask you and your spouse ex officio to notify their pension providers and then ask the pension providers for information about the rights acquired by you and your spouse during the marriage period.
  • In addition, you and your spouse may also bring other follow-up cases in the divorce association, e.B. the subsequent cases of equalisation of gains or post-marital maintenance.
  • In the appointment for the oral hearing on the divorce application, you and your spouse will usually be heard personally on the divorce requirements.
  • If the divorce conditions are met, the family court will pronounce the divorce of the marriage by order.

Responsible for the content
Senator for Justice and Constitution of the Free Hanseatic City of Bremen

Last update or date of publication
02.10.2020