🧭 Overview: separation and divorce in Germany
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
- 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.
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