Divorce in Germany

Divorce in Germany: Laws, Procedure and Rights After Separation

Divorce in Germany (Scheidung) is a strictly regulated legal process governed by German family law as laid down in the German Civil Code (Bürgerliches Gesetzbuch – BGB).
Before a marriage can be formally dissolved, specific stages and conditions must be met. The German court system aims to ensure an orderly and fair divorce, particularly in cases involving children or financial claims.

In this article, we explain everything you need to know about divorce in Germany: from the legal requirements and procedure to the costs and rights arising after the divorce.

When is divorce possible in Germany?

The general rule is:
A divorce cannot take place immediately after a conflict. As a rule, a legal separation period of at least one year is required, known as:

“Trennungsjahr” – year of separation

What does the year of separation mean in practice?

• The spouses live separately in economic and social terms (even if they still share the same flat).

• The marital relationship has effectively ended (no joint household management, no shared finances, no marital intimacy).

• The aim is to give the couple an opportunity to reconcile or to make a clear, considered decision in favour of divorce.

After one year of separation, divorce proceedings can be initiated, provided both spouses agree to divorce.
If one spouse refuses to consent, the irretrievable breakdown of the marriage must be demonstrated, and a three-year period of separation is usually required.

What are the legal requirements for divorce?

• Completion of the Trennungsjahr (one year of separation)

• Filing of a petition for divorce with the family court (Familiengericht)

• At least one lawyer must be involved (legal representation is mandatory for the spouse filing the petition)

• Clarification and settlement (by agreement or court decision) of the following issues, some of which are compulsory:

  • Pension rights adjustment (Versorgungsausgleich)

  • Parental custody (Sorgerecht) and contact arrangements

  • Maintenance (Unterhalt) for children and possibly for a spouse

  • Division of assets and debts

In many cases, these questions are dealt with within the divorce proceedings either by mutual agreement or by a judicial ruling.

How do divorce proceedings begin?

1. Engaging a lawyer
   At least one spouse must instruct a lawyer to file the divorce petition with the family court.
   The other spouse may agree to the divorce without having their own lawyer, provided no own applications (e.g. maintenance claims) are submitted.

2. Filing the divorce petition
   The petition is filed with the Familiengericht that has jurisdiction over the place of residence of one of the spouses and usually includes:

   • Marriage certificate (Heiratsurkunde)

   • Details of any children

   • Information on income, assets and liabilities

   • Information about the start of the year of separation

3. Scheduling the court hearing
   The court sets a date for the hearing.
   If both spouses agree to the divorce and to the core issues, the divorce is often granted in a single hearing.

How much does a divorce in Germany cost?

The total cost depends on the income of both spouses, the number of children and whether additional disputes (maintenance, custody, property) need to be resolved. The following figures give a rough orientation:

If a spouse cannot afford the costs, it is possible to apply for legal aid (Prozesskostenhilfe).
Depending on the financial situation, the state may cover the costs in full or in part, or the costs may be paid in instalments.

What happens to the children after divorce?

• Parental custody (Sorgerecht):
  As a rule, joint custody continues after the divorce, unless one parent applies for sole custody and the court grants it for important reasons.

• Where the child lives:
  The child’s primary place of residence is determined either by parental agreement or – in case of disagreement – by the family court based on the best interests of the child.

• Contact/visitation (Umgangsrecht):
  The parent who is not the primary carer usually has the right to regular contact with the child, for example every other weekend and during part of the school holidays.

• Child maintenance (Kindesunterhalt):
  The non-resident parent is normally obliged to pay child maintenance, calculated according to their income on the basis of the Düsseldorf Table (Düsseldorfer Tabelle).

What about maintenance after separation and divorce?

1. Child maintenance (Kindesunterhalt)

• The parent who does not take care of the child on a day-to-day basis is generally obliged to pay child maintenance.

• The obligation usually continues up to the child’s 18th birthday and in many cases until the end of school or vocational/academic training.

• The amount depends on the liable parent’s net income and the child’s age and is determined by the Düsseldorf Table.

2. Spousal maintenance (Trennungsunterhalt / nachehelicher Unterhalt)

• During the year of separation (Trennungsunterhalt):
  The economically weaker spouse may claim maintenance so that the living standard is not abruptly reduced.

• After the divorce (nachehelicher Unterhalt):
  Spousal maintenance is only granted in special situations, such as:

  • serious illness or inability to work

  • caring for young children which prevents full-time employment

  • involuntary unemployment

  • significant differences in earning capacity that cannot be overcome in the short term

  Post-marital maintenance is typically limited in time and is intended to support the transition to financial independence. Lifelong maintenance obligations are only foreseen in exceptional cases.

What about the family home and assets?

• Family home:
  One spouse may request to stay in the marital home temporarily or permanently, particularly if children live there or a move would be unreasonable.

• Division of assets – “Zugewinngemeinschaft”:
  If no different marital property regime has been agreed, the default system in Germany is the Zugewinngemeinschaft (“community of accrued gains”).
  This means:

  • Each spouse keeps their own property.

  • However, the increase in net assets during the marriage is compared between the spouses.

  • The spouse with the greater accrued gain must pay a financial equalisation to the other spouse.

  • Assets acquired before marriage or inherited personal property are generally not divided, but they are taken into account when calculating the accrued gains.

• Debts and liabilities:
  Joint debts (e.g. loans co-signed by both spouses) generally remain the responsibility of both spouses after divorce.
  Debts incurred by one spouse alone are not automatically the responsibility of the other, unless they have explicitly co-signed or guaranteed them.

Important legal notes:

• A divorce without a judge is not possible in Germany – even if both spouses agree. A formal court decision by the Familiengericht is always required.

• Divorce does not automatically revoke nationality or residence rights.
  However, if a residence permit is based solely on marriage, the immigration authorities may review the residence status after divorce.

• After the divorce is final, it can be registered in the civil status register, and an official divorce certificate (Scheidungsurkunde) can be issued upon request.

Key German terms:

Conclusion:

Divorce in Germany is a structured legal process that begins with a year of separation and ends with an official court judgment.
The law aims to protect the rights of all parties involved – especially children – and to ensure a fair distribution of maintenance obligations and assets.

Early preparation, seeking advice from a specialist family lawyer and gathering all relevant documents in good time can help ensure that the proceedings run as smoothly and transparently as possible.

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The team of authors and editors of this website strives to provide accurate information based on thorough research and multiple sources. However, errors may occur or some details may be incomplete or not yet conclusively settled from a legal perspective. Please therefore treat the information in this article as an initial reference only and always consult the competent authorities or qualified professionals for binding and up-to-date advice.