📅 Year of separation: requirements and exceptions

Living separately for one year is the standard requirement for divorce – with a narrow exception for cases of unreasonable hardship.

Year of separation Living separately Hardship divorce § 1566 BGB § 1565 Abs. 2 BGB § 1567 BGB

In brief

For a family court to divorce a marriage, it must as a rule have "failed" – and this is presumed by law if the spouses have lived separately for at least one year and both consent to the divorce or the other spouse does not object (§ 1566 Abs. 1 BGB). Living separately means: no more shared household, and at least one spouse recognisably does not want to restore it (§ 1567 Abs. 1 BGB). This is possible even within the same home.

After three years of living separately, the breakdown of the marriage is irrebuttably presumed – then a divorce can be granted even if one spouse objects (§ 1566 Abs. 2 BGB). Only in narrow exceptional cases is a divorce possible before the year of separation has ended: in the case of hardship divorce (§ 1565 Abs. 2 BGB).

Step by step

Record the date of separationNote the date and circumstances of the separation (moving out, separate housekeeping) – in a dispute you must be able to prove that you lived separately.
Visibly end the shared householdSeparate finances, separate housekeeping, no more providing for each other – even if you remain in the same home.
Wait one yearOnly after the year of separation has ended can the divorce petition be filed, except in cases of hardship.
In a hardship case, get legal advice immediatelyCheck with a specialist lawyer in family law whether the narrow requirements of a hardship divorce are met.

Deadlines

1 year

Standard requirement for divorce where the other spouse consents or does not object§ 1566 Abs. 1 BGB

3 years

Irrebuttable presumption of breakdown, divorce possible even against the will of one spouse§ 1566 Abs. 2 BGB

No statutory deadline

Hardship divorce: no waiting period, but only in cases of unreasonable hardship for reasons lying in the person of the other spouse§ 1565 Abs. 2 BGB

Watch out – common mistakes

According to widespread practice, a brief reconciliation attempt of a few weeks does not necessarily interrupt the year of separation – a longer or repeated attempt can, however, cause the period to start anew; have this checked by a lawyer if in doubt.
Courts interpret hardship divorce very narrowly (e.g. severe violence, serious criminal offences) – mere breakdown or a new partner is not enough.
If in doubt, you must prove living separately in the same home with particular care – see the separate topic page on this.

In depth · legal basis, figures and practice – for advisers and professionals

Statutory presumption under § 1566 BGB

§ 1566 BGB establishes an irrebuttable presumption (Abs. 2) or, in the case of one year of separation and mutual consent or absence of objection, a rebuttable presumption (Abs. 1): the breakdown of the marriage within the meaning of § 1565 Abs. 1 BGB then no longer has to be set out in detail.

Hardship divorce (§ 1565 Abs. 2 BGB)

Before the year of separation has ended, a divorce can only be granted if continuing the marriage would constitute an unreasonable hardship for the petitioner for reasons lying in the person of the other spouse. Case law requires serious circumstances, such as severe abuse, considerable criminal offences against the other spouse or joint children, or a particularly serious, continued marital offence. Mere breakdown, a new relationship without further circumstances, or the mere wish for quick separation are not sufficient according to prevailing case law.

Living separately in the same home

Under § 1567 Abs. 1 Satz 2 BGB, living together in one home does not preclude living separately if the shared household – i.e. joint housekeeping and provision – has actually been abandoned. For details see the separate topic page.

Who is responsible

Family court (checks in the divorce proceedings whether the requirements are met)
Specialist lawyer in family law for examination of the individual case

Quick questions

Worum geht es bei „Year of separation: requirements and exceptions“?

Living separately for one year is the standard requirement for divorce – with a narrow exception for cases of unreasonable hardship.

Which deadlines and figures matter?

1 year: Standard requirement for divorce where the other spouse consents or does not object (§ 1566 Abs. 1 BGB)
3 years: Irrebuttable presumption of breakdown, divorce possible even against the will of one spouse (§ 1566 Abs. 2 BGB)
No statutory deadline: Hardship divorce: no waiting period, but only in cases of unreasonable hardship for reasons lying in the person of the other spouse (§ 1565 Abs. 2 BGB)

What should I do first?

Record the date of separation: Note the date and circumstances of the separation (moving out, separate housekeeping) – in a dispute you must be able to prove that you lived separately.
Visibly end the shared household: Separate finances, separate housekeeping, no more providing for each other – even if you remain in the same home.
Wait one year: Only after the year of separation has ended can the divorce petition be filed, except in cases of hardship.

What do I need to watch out for?

According to widespread practice, a brief reconciliation attempt of a few weeks does not necessarily interrupt the year of separation – a longer or repeated attempt can, however, cause the period to start anew; have this checked by a lawyer if in doubt.
Courts interpret hardship divorce very narrowly (e.g. severe violence, serious criminal offences) – mere breakdown or a new partner is not enough.
If in doubt, you must prove living separately in the same home with particular care – see the separate topic page on this.

Evidence

§§ 1565, 1566, 1567 BGB (gesetze-im-internet.de)

As of

As of September 2026. · Sources and method

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