GermanyCan 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.
What the Law Says
German law normally requires one year of separation before granting a divorce. However, BGB § 1565(2) creates a narrow exception: a 'hardship divorce' (Härtescheidung) may be granted even before that year has passed — but only under strict conditions.
The key requirement is that continuing the marriage must impose 'unzumutbare Härte' (unbearable hardship) on the applicant — and this hardship must arise from circumstances attributable to the other spouse ('aus Gründen, die in der Person des anderen Ehegatten liegen').
This means everyday marital conflict, financial stress, or personal incompatibility are not enough. The hardship must be objectively severe — for example, ongoing physical abuse, life-threatening threats, or extreme psychological coercion directly caused by the other spouse.
Courts interpret this provision restrictively. It is not meant to bypass the separation period for convenience, but to protect individuals in genuinely intolerable and dangerous situations.
Statutory TextLeben die Ehegatten noch nicht ein Jahr getrennt, so kann die Ehe nur geschieden werden, wenn die Fortsetzung der Ehe für den Antragsteller aus Gründen, die in der Person des anderen Ehegatten liegen, eine unzumutbare Härte darstellen würde.
— BGB § 1565 — German Civil Code
What Courts Have Said
German courts emphasize that hardship divorce is an exceptional remedy requiring clear, credible evidence of serious harm caused by the other spouse.
The court upheld a hardship divorce granted before one year of separation, based on documented severe domestic violence. It confirmed that 'unzumutbare Haerte' must be objectively verifiable and directly tied to the other spouse’s behavior — not subjective distress or general marital breakdown.
What to Do
Gather strong evidence of the other spouse’s harmful conduct — e.g., police reports, medical records, witness statements, or therapy notes.
Consult a family law attorney experienced in hardship divorces to assess whether your situation meets the legal threshold.
File for divorce with a detailed petition explaining why continuing the marriage causes unbearable hardship — specifically linking it to your spouse’s actions.
Be prepared to testify and submit evidence at a hearing; courts will scrutinize hardship claims closely.
Sources
Related Questions
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.