📞 Advice, mediation and family advice centres
In brief
Jugendämter (youth welfare offices) and many independent providers expressly offer advice "on questions of partnership, separation and divorce" as a statutory task (§ 17 SGB VIII), above all for parents of minor children. In addition there is general parenting counselling under § 28 SGB VIII, which also supports parental conflicts around separation and divorce.
If you want to resolve conflicts by agreement rather than in court, mediation can help: a neutral person moderates the conversation between the spouses without deciding themselves (Mediation Act). Mediation does not replace legal advice, but can create the basis for a later notarial or court agreement.
Step by step
- Find a local advice centreThe Jugendamt, Caritas, Diakonie, AWO, Pro Familia and other independent providers offer separation and divorce counselling, often free of charge or on a sliding scale by income.
- Clarify what is offeredAsk whether pure counselling, mediation or both are offered, and whether counselling is also possible without the other parent.
- Get an initial consultation with a lawyerFor legally binding questions (maintenance, assets, custody), legal advice from a lawyer is sensible – with low income, if applicable with legal advice assistance (Beratungshilfe).
- Use mediation if neededIf both sides are basically willing to talk, mediation can help find a joint solution before the court decides.
- Involve the Jugendamt where there are childrenThe Jugendamt advises free of charge on custody and contact issues and mediates in conflicts (§ 18 SGB VIII).
Deadlines
- Mediation presupposes that both sides are basically willing to talk – where there is a strong power imbalance or violence in the relationship, mediation is not suitable; in that case contact a specialist advice centre directly rather than joint mediation.
- A mediator does not give legal advice and does not represent any party – if in doubt, have an agreement reached checked by a lawyer before you sign it.
- Legal advice assistance (Beratungshilfe) for out-of-court legal advice is different from legal aid for proceedings (Verfahrenskostenhilfe) for court proceedings – both must be applied for separately where applicable.
In depth · legal basis, figures and practice – for advisers and professionals
Advice under SGB VIII
§ 17 SGB VIII obliges the public youth welfare bodies to advise mothers and fathers on questions of partnership and on separation and divorce, in particular with a view to developing a consensual solution on parental custody. § 28 SGB VIII additionally regulates general parenting counselling, which can also be used in separation situations.
Mediation Act
The Act to Promote Mediation and Other Procedures for Out-of-Court Conflict Resolution (Mediation Act, in force since 2012) defines mediation as a confidential, structured procedure in which the parties, with the help of a neutral mediator, seek on their own responsibility a consensual solution to their conflict. It does not create a separate new entitlement to benefits under SGB VIII, but a general framework; advice centres can incorporate mediative methods into their work under §§ 17, 28 SGB VIII.
Legal advice assistance (Beratungshilfe)
For out-of-court legal advice by a lawyer for those with low income and assets, legal advice assistance can be applied for at the competent local court (Beratungshilfegesetz). It is to be distinguished from legal aid for proceedings (Verfahrenskostenhilfe) for court proceedings that are already underway.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.