Divorce in Germany for Foreigners: Process, Separation Year and Costs

A divorce (Scheidung) in Germany is always decided by a court. There is no administrative or purely private divorce. The procedure itself is standardised and, if both spouses agree, relatively quick. For international couples, two questions come first: is a German court responsible, and which law applies?

For an overview of all areas of family law, see family law in Germany.

Jurisdiction and Applicable Law

Jurisdiction. Under EU rules, the courts of the country where the spouses live are responsible. You can usually file in Germany if you both live here, if the last common residence was here and one spouse still lives here, or if the applicant has lived here for a certain time.

Applicable law. Under the EU rules on divorce law, the spouses can choose the law of their common residence or of their nationality. Without a choice, the law of the country of habitual residence usually applies. For most expat couples living in Germany, German law applies.

The Separation Year

German law presumes that a marriage has broken down after one year of separation if both spouses want the divorce, and after three years if one objects. Separation means living separate lives:

• separate finances and households,
• no shared meals or joint leisure,
• separate bedrooms if you stay in the same flat.

A divorce before the end of the separation year is only possible in cases of exceptional hardship, such as violence.

The Procedure

1. Application. A lawyer files the divorce petition with the family court where the spouses live.
2. Pension equalisation. The court automatically obtains information about the pension entitlements of both spouses. This often takes the most time. See pension equalisation.
3. Hearing. Both spouses are heard in person. In an amicable divorce, the hearing is often short.
4. Decision. The divorce becomes final when no appeal is filed, usually one month after service, or immediately if both waive appeals at the hearing.

An amicable divorce typically takes three to nine months from filing. Disputes about property, maintenance or children take longer.

Costs

Court and lawyer fees depend on the value of the proceedings. It is based on three months' net income of both spouses, plus a share of assets and a value for the pension equalisation. If you have little income, you can apply for legal aid (Verfahrenskostenhilfe).

Costs rise with each additional dispute decided by the court, such as maintenance or the division of assets. Agreements reached outside court, ideally in a notarial agreement, save time and money.

Related Matters

A divorce often requires decisions on:

• division of assets,
• spousal maintenance,
• child support,
• custody and contact,
• the marital home and household goods.

Only the pension equalisation is decided automatically. Other matters are only decided by the court if one spouse applies.

Recognition Abroad

A German divorce is recognised in all EU countries without a special procedure. In other countries, recognition may require a separate procedure. Check this early if you plan to remarry or live in another country.

Frequently Asked Questions