Experienced attorneys are routinely sought in divorces in Germany, as more and more couples are deciding to go their separate ways and apply for divorce. However, divorces in Germany can be rather painful and complicated. Importantly, a legally binding divorce eliminates all legal effects of a marriage.
What are the requirements for divorces in Germany?
A divorce can be carried out under the following legal conditions (Civil Code §§ 1564, 1565 and 1566 ff. BGB):
- The couple has been separated for one year and both desire a divorce,
- The couple has been living separately for one year, only one of the spouses desires a divorce, and the court has decided that the covenant of love is broken and that a restoration is not to be expected,
- The couple has been living separately for three years, inasmuch as the divorce can then be entered if only one of the spouses desires it.
During this so-called “separation year,” one of the spouses does not have to move out of the shared home. Rather, it is only important that the space is separated and that there are separate sleeping quarters. However, the separation year does not have to be observed in the event of an unreasonable hardship (“flash divorce”). Situations for a flash divorce can include abuse, alcoholism, dissipation of family assets, and sexual humiliation of the spouse.
Why are attorneys important for divorces in Germany?
Procedurally, pursuant to the FamFG (statutory compilation of laws governing proceedings in German family law matters – whether contested or uncontested), all participants in divorce proceedings must be represented by an attorney. However, divorce can also be very complicated and stressful for all involved parties, so that legal assistance is extremely important. The application for divorce can also be accompanied by additional family law matters, which include, e.g., maintenance and custody matters.
Once the divorce petition has been received by the court and subsequently by the other spouse, the family court sets a date for an oral hearing. After service of the divorce decision, both ex-spouses have the opportunity to appeal the decision within one month. If the partners waive their right to appeal, the decision automatically becomes legally binding after one month. If the spouses waive their right to appeal during the divorce proceedings, the divorce becomes legally binding immediately.
Experienced attorneys in Germany.
Jackson Law International is pleased to present its German attorneys, who are admitted to practice law in that country and who allow us to provide a pleasant, competent, and trustworthy international collaborative representation of our clients where borders play no role. Our German attorneys are familiar with the divorces in Germany and, due to our experience in dealing with such matters, have particularized knowledge and contacts in and concerning the German legal system.
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