Germany

Family Law

Divorce, custody, child support, spousal support, prenuptial agreements, domestic violence

25 questions

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Divorce

(7)
What are the requirements for getting divorced in Germany?
You can only get divorced in Germany through a court judgment, and the marriage must be legally broken down — usually proven by at least one year of separation (or three years if only one spouse applies).
How long must we be separated before divorce?
In Germany, you generally need to live separately for at least one year before filing for divorce. If both spouses agree to the divorce, this period applies. If only one spouse wants it, the separation period is three years.
Can I get a hardship divorce without a separation year?
Yes, but only if continuing the marriage would cause you unbearable hardship due to serious misconduct by your spouse — such as severe domestic violence — and you can prove it in court.
Can the court assign me the marital home during separation?
Yes — under German law, a court can assign the marital home (or part of it) to one spouse during separation if keeping the other spouse there would cause undue hardship, especially for children or victims of abuse.
What happens to pension rights in a divorce?
In Germany, pension rights accrued during the marriage are automatically equalized (Versorgungsausgleich) unless waived by written agreement. This includes statutory, occupational, and private pensions.
Can I contest a divorce?
Yes, you can contest a divorce in Germany—but only on narrow legal grounds, such as disputing the breakdown of the marriage or challenging whether statutory separation requirements are met.
What are the costs of divorce proceedings?
Divorce costs in Germany include court fees (starting at €320) and attorney fees (often €1,500–€5,000+), both based on the couple’s combined income and assets.