Wegweiser Separation & Divorce Deutsch

Sources and method – Separation & Divorce

These 15 topic pages are based primarily on statutory texts (gesetze-im-internet.de), the Düsseldorf Table (Düsseldorfer Tabelle) of the Higher Regional Court of Düsseldorf and publications of the Federal Ministry of Justice and the Federal Central Tax Office. The "Evidence" field of each topic page gives the specific sources.

Areas of law and their most important bases

Separation and divorce are regulated mainly in the Civil Code (BGB, Book 4 – Family Law, §§ 1564–1587), and the procedure in the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG). Pension rights equalisation (Versorgungsausgleich) has its own act (VersAusglG). For maintenance questions, the Düsseldorf Table (a compilation of maintenance rates by the Higher Regional Court of Düsseldorf, not a formal legal norm, but recognised nationwide in practice as a guideline) and the guidelines of the family law senates of the Higher Regional Courts are also decisive. Tax consequences are governed by the Income Tax Act (EStG); questions of custody and contact rights and the child's best interests are also governed by Social Code Book VIII (SGB VIII, child and youth welfare).

Sources

  1. Gesetze im Internet (gesetze-im-internet.de), Federal Ministry of Justice and Federal Office of Justice, retrieved September 2026: consolidated versions of BGB (esp. §§ 1361, 1363, 1373–1379, 1565–1568a, 1569–1587), FamFG (esp. §§ 111 ff., 133 ff., 137, 155, 233), VersAusglG, EStG (esp. §§ 10, 10a, 33a, 33), BRAO (§ 43a), SGB VIII (esp. §§ 1666, 1671, 1684, 1687), Court and Notary Costs Act (GNotKG), FamGKG (court costs in family matters). Basis for all sections cited in the text.
  2. Düsseldorf Table (Düsseldorfer Tabelle), Higher Regional Court of Düsseldorf, version as of 1 January 2026 (olg-duesseldorf.nrw.de), coordinated with the other Higher Regional Courts and the German Family Courts Congress. Basis for the needs rates and age brackets given on the topic page "Child maintenance". The table is, by experience, adjusted annually on 1 January; the amounts given here expressly apply only to the 2026 version.
  3. Federal Ministry of Justice (BMJ), information materials and brochures on separation, divorce, custody and contact rights, as of 2026 (bmj.de). Basis for general explanations of procedure.
  4. Federal Central Tax Office / BMF circulars on realsplitting (§ 10 Abs. 1a Nr. 1 EStG) and extraordinary burdens (§ 33a EStG), assessment period 2026 (bzst.de, bundesfinanzministerium.de). Basis for the maximum amounts given on the topic page "Tax consequences".
  5. Case law of the Federal Court of Justice (BGH), in particular decisions of the XII Civil Senate responsible for family matters, cited by case number, retrieved via the case-law database of the Federal Court of Justice (bundesgerichtshof.de) and via sources linked from gesetze-im-internet.de. Basis for questions of interpretation not conclusively regulated in the statutory text (e.g. hardship divorce, shared residence model (Wechselmodell), short-marriage exception in pension rights equalisation).
  6. Federal Bar Association (BRAK) / Federal Lawyers' Act (BRAO), in particular § 43a Abs. 4 BRAO on the ban on representing conflicting interests, retrieved September 2026 (brak.de, gesetze-im-internet.de). Basis for the topic page on consensual/contested divorce.
  7. Bundesverband Mediation e. V. and state justice administrations, information on family mediation and out-of-court dispute resolution, as of 2026 (bmev.de, respective state portals). Basis for the topic page on advice and mediation, in particular the note that mediation is voluntary and that its funding/cost coverage varies by federal state and individual case.

Where statements are expressly marked as uncertain

For individual figures and developments, no official primary source could be found during research that is bound to remain valid beyond September 2026, or a legislative change was still not completed at the editorial deadline. This concerns in particular:

In all these cases the relevant topic page expressly states the uncertainty or provisional nature, instead of presenting a figure, a legal position or an assessment as a secure, permanently valid legal position.

Scope: what this platform does not replace

These pages cover the civil-law basics of separation and divorce. Two adjacent topic areas are deliberately not covered in depth here, but referred to the more suitable services of this portal:

What this platform does – and does not do