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Divorce Law

Divorce is a formal dissolution of a marriage and is subject to certain conditions, although there are different regulations. A divorce can be carried out if the marriage is considered to have failed and the conjugal cohabitation cannot or should no longer be re-established. A marriage is considered to have failed if the spouses have been separated for at least a year and no attempted reconciliation has taken place . The divorce petition can only be submitted to the court after the end of the year of separation . The divorce of a marriage is recorded in Sections 1564 – 1586 b of the BGB in family law, whereby Sections 1564 to 1568 regulate the grounds for divorce and Sections 1569 to 1586 b regulate the maintenance of the divorced spouse.

What does separation mean according to divorce law?

The divorce proceedings therefore begin with the partners separating from each other . Separation in spirit is not enough in divorce law. Spouses must implement the separation in the legal sense. The purpose of the separation year is for the spouses to be clear about their feelings and intentions.

Year of separation even with a short marriage!

The “year of separation” means that a spouse can submit the application for divorce to the court after one year of separation. The period starts on the day of separation . The length of the marriage does not matter. Even in the case of a very short marriage, the partners must adhere to the year of separation. Even the separation on the wedding night makes a separation year essential. Even if both spouses agree to seek divorce immediately, they must respect the year of separation. The law thus protects the institute of marriage. The law only allows a divorce before the end of the year of separation in exceptional cases (cases of hardship, e.g. spouse is violent).

How is the separation to be implemented according to divorce law?

The separation leads to the fact that the partners break up their domestic community and end their conjugal union. Ideally, someone moves out of the shared apartment. If he stays in the apartment for the time being (mostly for cost reasons), the rooms have to be divided and the personal belongings separated. Separation requires the separation of “table and bed” according to divorce law . Common areas such as bathrooms and kitchens can be used together. Everyone runs their own household and has their own budget. Children should be included in the new situation as far as possible. Joint activities for the well-being of the children do no harm (lunch together).