Germany divorce

Legal Framework

• German Civil Code (Bürgerliches Gesetzbuch – BGB)
• Act on Proceedings in Family Matters (FamFG)
• First Marriage Law Reform Act (1977)

Competent Authority

• Courts only (judicial monopoly on divorce) – Specialized family courts (part of district courts)

Access Requirements

Two ways to prove marriage breakdown:

1. Irrebuttable presumption after living apart:
   • 1 year if both spouses agree
   • 3 years if only one spouse petitions
2. Prove marriage breakdown without waiting period:
   • Must show conjugal union no longer exists
   • Must show it cannot be restored

Hardship exceptions (rarely applied):

• If maintenance of marriage necessary for minor children
• If divorce would cause extraordinary hardship to respondent

Procedure

• Can be initiated by one or both spouses – Mandatory attorney representation

(Court hardly examines prerequisites in practice if spouses agree)

• Court decision is constitutive
• Must include decisions on:
  • Post-marital maintenance
  • Allocation of matrimonial residence