🧭 Overview: separation and divorce in Germany

Separation and divorce are two legally distinct steps with their own deadlines and consequences. This page explains what happens when.

Year of separation Divorce Irretrievable breakdown principle Joint proceedings (Verbundverfahren) Family court § 1564 BGB § 1565 BGB § 1566 BGB

In brief

A separation is a factual event: you and your spouse no longer live together as a couple. A divorce, by contrast, is a court procedure that legally dissolves the marriage (§ 1564 BGB). In the normal case at least one year lies between the two – the so-called year of separation (Trennungsjahr, § 1566 BGB). Germany does not recognise fault as a ground for divorce: all that matters is whether the marriage has "failed", i.e. the marital partnership no longer exists and cannot be restored (irretrievable breakdown principle, § 1565 BGB).

With the divorce itself, further questions are usually decided together: pension rights equalisation (Versorgungsausgleich), maintenance, marital home and household goods, and in some cases custody and contact rights as well (so-called joint proceedings, § 137 FamFG). These pages guide you through the individual stages – from the separation to the tax consequences afterwards.

Step by step

Document the separationRecord the date of separation (e.g. by moving out or a clearly recognisable separation within the home) – it is the starting point for the year of separation and later cut-off dates.
Set the first courseClarify early on the home, household goods, account authorisations and ongoing joint contracts, so that nobody gains one-sided advantages.
Wait out the year of separationAs a rule you must live separately for one year before a divorce petition succeeds – exception: hardship divorce.
File the divorce petitionAfter the year of separation has ended, a lawyer files the divorce petition with the competent family court.
Settle the ancillary mattersPension rights equalisation runs automatically alongside; maintenance, assets and contact can be settled by agreement or put before the court.

Deadlines

1 year

Living separately as the standard requirement for divorce§ 1566 Abs. 1 BGB

3 years

After three years of living separately, the marriage is irrebuttably presumed to have failed – regardless of the wishes of both spouses§ 1566 Abs. 2 BGB

No statutory deadline

For a hardship divorce without a year of separation there is no waiting period – only narrow substantive requirements (unreasonable hardship)§ 1565 Abs. 2 BGB

Watch out – common mistakes

Separation and divorce are two different legal acts – deadlines and claims (e.g. separation maintenance) begin with the separation, not only with the divorce.
If violence is involved, your protection takes priority over the divorce proceedings: contact the police or a specialist violence-protection advice centre first, not just family law services.
Joint proceedings mean: without settling the pension rights equalisation, the divorce itself can be delayed, because both are decided together.

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

Breakdown principle instead of fault principle

Since the marriage law reform of 1977, German law no longer recognises a fault principle. All that matters is whether the marital partnership no longer exists and the spouses cannot be expected to restore it (§ 1565 Abs. 1 BGB). Living separately for the statutory period gives rise to a statutory presumption of breakdown (§ 1566 BGB).

Joint proceedings (§ 137 FamFG)

With the divorce petition, pension rights equalisation is brought into the so-called joint proceedings ex officio. Upon application, further "ancillary matters" can be added: maintenance, matrimonial property law (accrued gains), marital home and household items. The family court decides all these points in principle in a single decision (§ 137 Abs. 1, 2 FamFG).

Competent court

The family court (a division of the local court, Amtsgericht) at the family's habitual residence is competent or – if no spouse lives there any longer – at the place of residence of the respondent.

Who is responsible

Family court (Amtsgericht) at the joint or last joint place of residence
Lawyers specialising in family law (mandatory legal representation for the divorce petition)

Quick questions

Worum geht es bei „Overview: separation and divorce in Germany“?

Separation and divorce are two legally distinct steps with their own deadlines and consequences. This page explains what happens when.

Which deadlines and figures matter?

1 year: Living separately as the standard requirement for divorce (§ 1566 Abs. 1 BGB)
3 years: After three years of living separately, the marriage is irrebuttably presumed to have failed – regardless of the wishes of both spouses (§ 1566 Abs. 2 BGB)
No statutory deadline: For a hardship divorce without a year of separation there is no waiting period – only narrow substantive requirements (unreasonable hardship) (§ 1565 Abs. 2 BGB)

What should I do first?

Document the separation: Record the date of separation (e.g. by moving out or a clearly recognisable separation within the home) – it is the starting point for the year of separation and later cut-off dates.
Set the first course: Clarify early on the home, household goods, account authorisations and ongoing joint contracts, so that nobody gains one-sided advantages.
Wait out the year of separation: As a rule you must live separately for one year before a divorce petition succeeds – exception: hardship divorce.

What do I need to watch out for?

Separation and divorce are two different legal acts – deadlines and claims (e.g. separation maintenance) begin with the separation, not only with the divorce.
If violence is involved, your protection takes priority over the divorce proceedings: contact the police or a specialist violence-protection advice centre first, not just family law services.
Joint proceedings mean: without settling the pension rights equalisation, the divorce itself can be delayed, because both are decided together.

Evidence

§§ 1564, 1565, 1566 BGB (gesetze-im-internet.de)
§ 137 FamFG (gesetze-im-internet.de)

As of

As of September 2026. · Sources and method

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