Find a Divorce Lawyer in Germany

A divorce lawyer in Germany provides advice and representation on all legal aspects of a divorce, including custody, alimony, and asset division, to ensure a fair resolution.

When it comes to filing for divorce in Germany, jurisdiction and the applicable divorce laws depend on several factors:

Where is the Divorce Filed?

Generally, the divorce is filed in the German family court that has jurisdiction over the region where one of the spouses is residing. In the case of international couples, the Brussels II Regulation (for EU citizens) or private international law (IPR) (for non-EU citizens) helps determine the appropriate jurisdiction.

For example, if one spouse lives in Germany, the divorce petition can be filed with a German court, even if the other spouse resides abroad. A divorce lawyer in Germany can help navigate these legal complexities.

Which Divorce Law Applies?

If both spouses are EU nationals, German courts apply EU regulations, specifically the Brussels II Regulation, which standardizes divorce procedures within the EU. However, if one spouse is from a non-EU country, German courts will apply private international law, which determines whether German or the foreign law governs the divorce. A divorce lawyer in Germany will ensure that the correct legal framework is applied.

Divorce in Germany is a legal process based on clear criteria. Here’s an overview of the essential conditions:

Separation Period

In Germany, a mandatory separation period of at least one year (Trennungsjahr) is required before filing for divorce. During this year, both spouses must live separately.

This period ensures that both parties have time to reflect on the marriage and the possibility of reconciliation. The separation period can be shortened in certain cases, for instance, if one party can prove that the marriage has already broken down completely. A divorce lawyer in Germany can advise on the specifics of the separation period.

Grounds for Divorce

Unlike in some countries, German law does not require proof of fault (such as infidelity or abuse) for divorce. The primary requirement is the breakdown of the marriage. After the one-year separation period, the court will generally grant the divorce without the need for further proof. A divorce lawyer in Germany can guide you through the process, ensuring you meet all legal requirements.

Court Hearing

Once the separation year has passed, the divorce is filed with the family court, and the judge reviews the case. If both parties agree on key matters (such as child custody and asset division), the divorce process is straightforward. If not, a hearing may be necessary to resolve disputes. A divorce lawyer in Germany can represent you in these hearings and help negotiate favorable outcomes.

Divorce in Germany has several legal consequences that can impact the spouses’ financial and personal circumstances. Below are the most significant consequences:

Equalisation of Accrued Gains

One of the most important aspects of divorce in Germany is the equalisation of accrued gains. German law ensures that the wealth accumulated during the marriage is divided fairly. This is done through a process called Zugewinnausgleich.

The net assets that each spouse has accumulated during the marriage are calculated, and the spouse with the lower gain is entitled to half of the difference. This ensures a fair division of marital wealth, regardless of who earned it. A divorce lawyer in Germany can assist with the Zugewinnausgleich process to ensure fairness.

Pension Rights Adjustment

Another significant consequence is the adjustment of pension rights. German law requires that pension entitlements accumulated during the marriage be split between both spouses.

This is crucial, as it ensures that a spouse who did not contribute to the pension system (e.g., due to stay-at-home caregiving) receives an appropriate share of the other spouse's pension. A divorce lawyer in Germany will ensure that the division of pension rights is handled fairly.

Maintenance

In some cases, spousal maintenance may be granted. This could be temporary maintenance for one spouse during the divorce proceedings or long-term maintenance in the case of significant financial dependence.

The court considers factors such as the duration of the marriage, the financial situation of both spouses, and whether one spouse is unable to support themselves due to caregiving responsibilities. A divorce lawyer in Germany can help determine your entitlement to maintenance and advocate for your interests.

Spousal Inheritance Law

Upon divorce, inheritance rights between spouses are generally revoked, meaning the divorced spouse is no longer entitled to inherit from the other unless specified in a will.

However, the spouse may still have certain claims under the inheritance law if agreed upon during the divorce or if the divorce decree is not finalized before the spouse’s death. Divorce does not automatically revoke inheritance rights, so any changes to inheritance should be explicitly made in a will. A divorce lawyer in Germany can assist with these matters, ensuring all legal bases are covered.

In Germany, the cost of a divorce primarily depends on the value of the dispute, which is calculated based on the financial matters involved, such as alimony, property division, and child support.

If the divorce is contested and involves asset division, maintenance claims, or custody disputes, the legal fees can increase.

A divorce lawyer in Germany can help you understand the costs and assist in managing your legal expenses.

Legal Aid

If you have limited financial resources, you may be eligible for legal aid to cover part or all of your lawyer’s fees. A divorce lawyer in Germany can assist you in applying for legal aid.

The length of a divorce procedure in Germany depends on whether the case is contested or uncontested. For an uncontested divorce (both parties agree on all issues), the divorce can be finalized in about 3 to 6 months.

However, if the case involves disagreements over child custody, asset division, or maintenance, the process can take 1 to 2 years or even longer, depending on the complexity and court availability. A divorce lawyer in Germany will help expedite the process and manage any disputes that arise.

In Germany, one of the key aspects of the divorce process is the divorce agreement, which outlines the terms of the divorce and helps resolve key issues without the need for extended court proceedings. This agreement typically includes the following components:

Asset Division

The divorce agreement outlines how marital assets will be divided. If there is an equalisation of accrued gains, this process will be specified. It’s important to agree on how property, real estate, bank accounts, pensions, and other assets will be split between the spouses. A divorce lawyer in Germany can help draft and negotiate this agreement.

Child Custody and Visitation Rights

If the couple has children, the agreement will include the details of child custody and visitation rights. Joint custody is common in Germany, but the agreement will specify where the children will live and how visitation will work for the non-custodial parent. A divorce lawyer in Germany will ensure that your custody rights are protected.

Maintenance

The agreement will also determine whether one spouse will pay spousal maintenance to the other and if child maintenance is required. This is particularly important if one spouse has limited financial resources and is dependent on the other for support. A divorce lawyer in Germany can assist in drafting a fair maintenance agreement.

Alimony and Spousal Support

The agreement will state whether alimony is due, how much, and for how long. German courts take various factors into account when determining spousal maintenance, including the financial and personal circumstances of both spouses. A divorce lawyer in Germany will help ensure that the alimony terms are fair.

Finalization in Court

Once both spouses reach an agreement, they can submit it to the court for approval. If both parties agree to the terms, the court will typically approve the divorce without a hearing. However, if there is a dispute over any aspect of the divorce, such as child custody or asset division, the court will conduct a hearing to resolve the matter. A divorce lawyer in Germany can represent you in these hearings.

The divorce agreement helps ensure that both spouses are clear about their obligations and rights, reducing the likelihood of future disputes. If no agreement can be reached, the court will make the decisions based on the principles of German family law.

In cases where one or both spouses are from a different country, the recognition of a foreign divorce in Germany (or vice versa) becomes a crucial consideration. Here's how this process works:

Recognition of Foreign Divorce in Germany

If a couple divorces abroad, the German legal system will generally recognize the foreign divorce if it meets certain conditions. For example:

• Jurisdiction: The foreign court must have had proper jurisdiction over the case. This means that the court should have had a legitimate connection to one or both spouses, such as their residency or nationality. A divorce lawyer in Germany can guide you through this process.
• Procedural Fairness: The divorce must have been obtained in accordance with the principles of fairness and due process. This includes ensuring that both spouses had the opportunity to participate in the proceedings and that the judgment was rendered in a manner consistent with German legal standards.
• Public Policy: A foreign divorce will not be recognized if it violates German public policy (ordre public). For instance, if the divorce was granted under laws that contradict fundamental German principles of justice, such as unequal treatment or denial of one spouse’s rights, it may not be accepted. A divorce lawyer in Germany can help assess whether a foreign divorce meets these criteria.

If the foreign divorce meets these criteria, German courts will typically recognize the divorce, and its effects, including the dissolution of the marriage, will be upheld.

Recognition of a German Divorce Abroad

On the flip side, if a divorce is granted in Germany, it is generally recognized abroad, but this depends on the legal systems of the country where the divorce is being recognized.

• EU Countries: Within the EU, Germany follows the Brussels II Regulation, which ensures that divorce judgments issued in one EU member state are automatically recognized and enforceable in other EU countries. However, some administrative procedures, such as registering the divorce with local authorities, may still be necessary.
• Non-EU Countries: The recognition of a German divorce outside the EU can be more complicated. Countries that have bilateral treaties with Germany on family law may automatically recognize a German divorce, but in others, the process might involve applying for a recognition procedure in the foreign country’s courts.

In these cases, the foreign court will check whether the German divorce judgment complies with its local laws and whether the divorce process meets international standards. A divorce lawyer in Germany can assist in ensuring that your German divorce is recognized internationally.