Divorce & separation in Germany

Divorce and separation procedures are relatively simple in Germany, especially if both partners agree. If you have chosen to permanently end your marriage, this page explains what you need to know about getting divorced in Germany. 

Getting a divorce in Germany

If both partners agreed to a separation, filing for a divorce in Germany is a relatively simple process, but it does take time. 

In Germany, it is not normally possible to divorce immediately. This is because couples need to go through a so-called “separation year” (Trennungsjahr) before a court can officially decree their marriage to be over. 

The separation year (Trennungsjahr)

The sole grounds for divorce in Germany is the breakdown of the marital relationship past the point of repair (causes are not considered and no “blame” is apportioned). However, family courts can only dissolve a marriage if it is legally deemed to have failed according to the German Civil Code. 

The key marker in the case of a relationship breakdown is separation. The spouses must have lived apart for at least a year before they can get a divorce. The separation year is designed to give couples more time to reconsider their decision, and perhaps find a way to reunite.

Couples living apart are considered to have separated. If the couple continues to live in the same house or apartment, they must divide the rooms among themselves in order to be considered separated (“separation of bed and board”). This includes things like separating your bank accounts. 

The length of the separation year

How long you and your spouse need to separate before you can divorce depends on whether you agree to the divorce:

• If both spouses file for a divorce, or one spouse files and the other agrees, a judge will dissolve a marriage after a one-year separation.
• If one spouse contests the divorce, the judge will likely only dissolve the marriage after a three-year separation.

Exceptions to the mandated separation period

A separation year is not required in certain circumstances where the continuation of the marriage is intolerable for one spouse. This might be the case if:

• Your spouse was frequently and certifiably violent against you.
• Your spouse has a substance abuse issue. 
• Your spouse has had a long-term extra-marital relationship. 
• Your spouse is expecting a child from an extra-marital relationship. 

Submitting a divorce application

Shortly before the end of your year(s) of separation, you can submit your application for divorce. This needs to be done at the family court closest to where you are registered. You need a lawyer to apply for a divorce on your behalf. 

Only one spouse needs to apply for the divorce. They pay the court fees upfront (these are calculated based on their income), and can later ask to have half of the court fees reimbursed by their spouse. 

Once the court fees have been paid, the court serves the divorce petition to the other spouse. They can decide whether to agree to the petition, reject it, or file their own divorce petition. This gives them more control over proceedings. 

Complete the pension rights equalisation form

At this stage, the court will send you and your spouse some forms to fill out. One of the most important ones is the pension rights equalisation form. This is to enable the court to check your rights to a pension. 

This is necessary in divorces because, under the German pension system, the longer you have worked, the more pension you are entitled to. In married couples, however, one spouse often may have stopped working to care for children. This affects their pension entitlement. In the case of a divorce, the spouse who continued to go to work may therefore be required to hand some of their pension entitlement over to their spouse. 

The calculation form is not necessary if:

• You signed a pre-nuptial agreement to exclude it
• Your marriage lasted fewer than three years
• The equalisation would be grossly unfair 
• Both spouses agree to waive it 

This calculation process can take up to six months. 

Attend your court hearing

Once everything has been resolved and the pension calculation has been issued, you and your spouse will be given a court date. In general, both spouses are required to attend. You will need a form of ID, such as a passport or an ID card, and a copy of the family register, if you were married in Germany. 

The hearing will be held in a closed court. During the hearing, the judge will ask a few questions about the separation and the spouses’ income, and resolve any pending problems, before dissolving the marriage by issuing a divorce decree (Scheidungsbeschluss). 

Note that this hearing is typically held in German. You may need to ask for a translator to be present if your German ability is not sufficient. 

What needs to be settled for a divorce?

As part of your divorce, you and your spouse will have to come to an agreement on a range of different issues. 

If possible, you should try to reach an out-of-court agreement on these things. This will greatly speed up the process of getting a divorce and reduce your costs. If you cannot agree, you can also ask the court to decide. 

Division of assets

You need to decide how your financial assets and household effects will be split. In Germany, the standard split is 50/50 for all assets acquired during the marriage. However, a prenuptial agreement may specify otherwise. 

Maintenance

Following a divorce or separation, in the eyes of the law, both partners still have financial obligations towards each other and any children they have together. Maintenance claims are taken very seriously in Germany and considered carefully to work out payments in proportion to each partner’s income and assets. Maintenance payments can also be deducted from your income in your annual tax return.

As well as maintenance for upbringing children, spouses are also obliged to pay maintenance to each other if one spouse cannot sufficiently provide for themselves following the separation.

Child custody

The legal consensus in Germany is that children should, where possible, have contact with both parents. Joint custody is therefore the norm and parental responsibility is not usually considered by the court. You can, however, apply for sole parental responsibility, if you wish.

If only one parent has custody, both parents need to come to an agreement on visiting rights for the other parent. 

Pension division

As outlined above, pensions are also considered part of the marital property and are usually divided equally following a divorce or separation. This is especially the case if one partner’s pension contributions have been negatively impacted by family obligations, such as time taken out for pregnancy and to raise children.

How long does it take to get divorced in Germany?

Divorce can be a slow process in Germany, particularly if one partner does not agree to the separation. In general, you can expect proceedings to take somewhere between six months and one year from the time when the divorce application was filed (so between 18 months and two years after separating). 

In exceptional cases, especially if the spouses forgo the pension rights equalisation, it is possible to get a divorce within three or four months of filing, but this depends on how busy the courts are. 

Cost of a divorce

There are several costs associated with getting a divorce in Germany that you should take into account. This includes:

• Legal fees paid to your lawyer
• Court fees, which are calculated based on your income and assets and split between both spouses 

If you have limited financial assets, you may be able to apply for legal aid. Most legal insurance policies do not cover legal costs connected to divorces, but check with your provider to be sure. 

Can I get divorced in Germany if I got married abroad?

German courts can only dissolve a marriage that is recognised in Germany. You can ask the German registry office to register the foreign marriage, and then afterwards file for divorce in Germany. This is usually only possible if one of the spouses has German citizenship. Otherwise, you’ll need to file for divorce in the country where you got married. 

Does getting divorced affect my residence status?

If you are living in Germany on a residence permit that was issued on the basis of your marriage to someone else, you may lose your right of residence after the divorce. This depends on the length of your marriage:

• If you have been married for fewer than three years, your residence permit may be revoked, but you can still apply for a new permit independently. 
• If you have been married for more than three years, you are usually given one year after your divorce to apply for a new residence permit independently.

You should speak to your local immigration office to clarify the situation. 

Legal separation in Germany

You can also be recognised as being “legally separated”, if you and your spouse live permanently apart. This does not usually require any legal formalities to be completed.