German Divorce Lawyers | English-Speaking Legal Support

German divorce law is set out in the BGB, starting at Section 1564. A marriage can only be ended by a court decision, and only where the marriage has broken down.

Divorce cases are heard by the family court (Familiengericht), a division of the local court (Amtsgericht). Which local court is responsible depends mainly on where the spouses and their children live. The order of priority is set out in Section 122 of the Act on Proceedings in Family Matters (FamFG):

• The court where one spouse lives with all of the couple’s minor children
• The court of the spouses’ last shared habitual residence (the place where a person’s life is centered), if one of them still lives there
• The court where the respondent lives
• The court where the applicant lives

If neither spouse lives in Germany but a German court has jurisdiction, the case is heard by the Schöneberg Local Court (Amtsgericht Schöneberg) in Berlin.

In most cases, German law requires spouses to have lived apart for at least one year before a court will grant a divorce. This period is known as the separation year (Trennungsjahr). Spouses are considered to be living apart when they no longer share a household and at least one of them has made clear that they reject the marital relationship (Section 1567 BGB).

Separation does not require one spouse to move out. Couples can also live apart within the same home, provided they no longer run a shared household. In practice, this means sleeping in separate rooms, managing finances separately, and no longer cooking, eating, or spending leisure time together as a couple. Because separation under one roof is harder to prove, we recommend recording the date of separation in writing, ideally in a letter sent by a lawyer. This prevents the other spouse from later disputing when the separation year began.

A brief attempt at reconciliation does not reset the clock. Living together again for a short period in an effort to save the marriage does not interrupt or suspend the separation year.

For international couples, the separation year is also the time to address residence permit questions, interim custody and visitation arrangements, and practical matters such as schooling if a child may move between countries. Non-EU spouses whose residence permit is based on the marriage should seek legal advice as early as possible.

German divorce law is not fault-based. The only ground for divorce is that the marriage has broken down (Section 1565 BGB). This means the spouses no longer share a marital life and there is no prospect of them resuming it. Who caused the breakdown plays no role in whether the divorce is granted.

There are four routes to divorce, depending on how long the spouses have been separated and whether both want the divorce (Section 1566 BGB):

Courts apply a strict standard to hardship divorce. Domestic violence and serious threats are typical examples, whereas ordinary marital conflict or a new relationship will generally not be enough. Whether your circumstances meet this threshold should be assessed by a lawyer before filing.

Conversely, a court may in rare cases refuse a divorce even though the marriage has broken down. This applies where the divorce would cause exceptional hardship to minor children of the marriage or to the respondent (Section 1568 BGB).

Divorces involving substantial assets or a family business raise additional questions of valuation and business continuity. Our German divorce lawyers advise on entrepreneurial divorce cases and high-net-worth divorces.

Moving out is not required to start the separation year, but it can have legal consequences that are difficult to reverse, both for the use of the home and, where there are children, for later custody decisions.

If one spouse moves out of the marital home (Ehewohnung) and does not tell the other spouse within six months that they seriously intend to return, the law conclusively presumes that the spouse who stayed has the sole right to use the home (Section 1361b BGB). This affects who may live in the home, not who owns it.

Where children are involved, leaving the home without them can influence later decisions about the right to determine the child’s residence (Aufenthaltsbestimmungsrecht), because courts give weight to continuity of care. For international families, there is an additional risk: a parent who moves abroad with the children without the other parent’s consent may be committing wrongful removal under the Hague Child Abduction Convention.

Before filing for divorce, it is advisable to gain an overview of your family’s finances, particularly if you are concerned that your spouse may move or conceal assets. Useful documents include:

• Payslips for the last 12 months and the last three tax assessments
• Bank and investment account statements, including accounts held abroad
• Life insurance policies, building savings contracts (Bausparverträge), and loan agreements
• Notarized contracts, including any prenuptial agreement
• Your lease and proof of the rental deposit, if you rent your home

If you have given your spouse power of attorney over your bank account, you should revoke it with your bank as soon as possible.

Once separated, you have a legal right to information about your spouse’s income and assets if you are claiming maintenance or equalization of accrued gains (Sections 1379 and 1605 BGB). In practice, spouses are often reluctant to disclose their finances voluntarily, and enforcing this right is one of the first tasks our family lawyers take on for clients.

A divorce in Germany follows a fixed sequence, from separation to a final court decision. In an uncontested case, the steps are:

1. Separation. The spouses live apart, either in separate homes or within the same home, and the separation year begins. Recording the date in writing avoids later disputes.
2. Preparation. You gather the marriage certificate, financial documents, and pension information, and instruct a lawyer. Foreign documents may need authentication and a translation.
3. Filing the application. Your lawyer files the divorce application (Scheidungsantrag) with the competent family court. The court generally only proceeds once the advance on court fees has been paid, unless procedural cost assistance has been applied for.
4. Service on the other spouse. The court serves the application on the other spouse, who can consent or respond. The date of service also fixes the date for valuing assets in the equalization of accrued gains.
5. Pension information. Both spouses complete questionnaires on their pension entitlements, and the court obtains information from the pension providers. This step often takes the longest.
6. Hearing. Both spouses are generally heard in person (Section 128 FamFG). The court decides on the divorce and on pension equalization, together with any other matters raised in the proceedings.
7. Final decision. The divorce becomes final once the one-month period for appeal has expired (Section 63 FamFG). If both spouses are represented by lawyers, they can waive their right to appeal at the hearing, and the divorce becomes final immediately.

Contested divorces, and cases involving disputes over property, maintenance, or custody, can add further steps and hearings.

Asset division is one of the most complex parts of a German divorce, particularly for international couples and high-net-worth individuals. The rules that apply depend on the matrimonial property regime (Güterstand) the spouses lived under.

German law recognizes three matrimonial property regimes. The first is the community of accrued gains (Zugewinngemeinschaft), which applies automatically unless the spouses agree otherwise. The second is separation of property (Gütertrennung), under which no equalization takes place on divorce. The third is community of property (Gütergemeinschaft), under which assets are jointly owned and must be divided. The last two can only be agreed in a notarized marriage contract. For international couples, a foreign matrimonial property regime may apply instead, depending on when and where they married and whether they made a choice of law.

Under the community of accrued gains, marriage does not make assets jointly owned. Each spouse remains the sole owner of their own property, and only the increase in wealth that each spouse acquired during the marriage (Zugewinn) is equalized on divorce.

The calculation compares each spouse’s initial assets (Anfangsvermögen) on the date of the marriage with their final assets (Endvermögen) on the date the divorce application is served on the other spouse (Section 1384 BGB). Inheritances and gifts from third parties are generally excluded. The spouse with the larger gain pays the other half of the difference. Because spouses must also disclose their assets as of the date of separation, large reductions in assets between separation and filing can be identified and challenged.

Real estate, business interests, and gifts between spouses often have a decisive influence on how the equalization claim is calculated.

Where German matrimonial property law applies, equalization covers a spouse’s assets worldwide, including property, bank accounts, and investments abroad. Currency fluctuations, tax consequences, and foreign legal restrictions can all change the final figure, and enforcing a German decision against assets abroad may require separate proceedings in that country. German courts may also require certified translations of foreign financial documents and professional appraisals from qualified experts.

Our German divorce lawyers combine family law expertise with our firm’s international commercial law and immigration law capabilities, so that residence permit implications, international tax consequences, and cross-border enforcement are coordinated within a single firm.

Business assets are not themselves divided on divorce. Instead, the value of a business or shareholding forms part of the owner’s final assets. Because a high valuation can create a substantial cash claim, the choice of valuation method and the treatment of goodwill often decide the outcome. Courts take a specific approach to company valuations in divorce proceedings, and solutions such as buyout agreements or deferred payment structures can help protect business continuity.

Pension equalization divides the pension entitlements acquired by either spouse during the marriage equally between them, under the Pension Equalization Act (Versorgungsausgleichsgesetz, VersAusglG). This includes statutory, civil service, occupational, and private pensions. The family court carries out pension equalization automatically as part of the divorce. For marriages of up to three years, it only takes place if one spouse applies. A German court cannot divide foreign pension entitlements, which are usually equalized through compensation claims between the spouses after the divorce. This is a frequent issue for couples where one spouse has worked abroad.

Spouses can modify or exclude the default matrimonial property regime by marriage contract (Ehevertrag), either before or during the marriage (Section 1408 BGB). The contract must be notarized, with both spouses present. It can also cover spousal maintenance and pension equalization, although courts can set aside provisions that place one spouse at an obviously one-sided disadvantage. Prenuptial agreements are particularly valuable for international couples with assets in several countries, entrepreneurs, and individuals with significant premarital wealth. Our family lawyers draft prenuptial agreements and advise spouses who want to contest an existing agreement.

In all decisions concerning children, German family courts are guided by the child’s best interests, and contact with both parents is generally considered to serve the child’s welfare. International families must also take into account the Brussels IIb Regulation, the 1980 Hague Child Abduction Convention, and the 1996 Hague Child Protection Convention.

Married parents hold joint custody (gemeinsames Sorgerecht), and this continues automatically after separation and divorce. A court only decides on custody if a parent applies for it. A parent can apply for sole custody, or for part of it, such as the right to determine the child’s residence, if the other parent consents or if this best serves the child’s interests (Section 1671 BGB). Courts consider each parent’s ability to provide stable care, the child’s existing relationships and school ties, and the child’s own wishes. For international families, language, cultural identity, and ties to relatives abroad also play a role.

The parent with whom the child lives generally meets their support obligation by caring for the child. The other parent pays child support (Kindesunterhalt) in cash. The amount is usually calculated using the Düsseldorf Table (Düsseldorfer Tabelle), a guideline that sets support according to the paying parent’s net income and the child’s age. There is no fixed age at which child support ends: it continues for adult children until they complete their first vocational education or training. Support orders can also be enforced abroad, both within the EU and in many non-EU countries.

A child has a right to see both parents, and each parent has both the right and the duty to maintain contact (Umgangsrecht, Section 1684 BGB). Where parents cannot agree on visitation arrangements, the court sets an arrangement, and it can only restrict or exclude visitation where this is necessary for the child’s welfare. A parent with joint custody cannot move abroad with the child without the other parent’s consent or a court decision. Taking a child abroad without either may constitute wrongful removal under the Hague Child Abduction Convention.

German law distinguishes between maintenance during separation and maintenance after divorce. Until the divorce becomes final, a spouse may claim separation maintenance (Trennungsunterhalt) to preserve the living standard of the marriage (Section 1361 BGB).

After divorce, the principle of self-responsibility applies: each spouse is expected to support themselves (Section 1569 BGB). Post-divorce maintenance (nachehelicher Unterhalt) is only owed on specific grounds, such as caring for a child, age, illness, or unemployment. Courts may limit post-divorce maintenance in time or reduce it, particularly where the recipient has suffered no lasting career disadvantage as a result of the marriage. Child support always takes priority over spousal maintenance.

Courts consider the length of the marriage, earning capacity, career sacrifices, childcare responsibilities, age, health, and the marital living standard. For international couples, the applicable law is determined under the 2007 Hague Protocol on the Law Applicable to Maintenance Obligations, and calculations become more complex where one spouse moves to a country with different living costs.

International divorces raise questions that domestic cases rarely encounter: which country’s courts can hear the case, which country’s law applies, and whether the decision will be recognized elsewhere. This applies whether you are an expat living in Germany, a German citizen living abroad, or in a marriage spanning several countries. Our German divorce lawyers regularly advise on international divorce cases.

German courts determine the law that governs the divorce under the Rome III Regulation (EU Regulation 1259/2010). Rome III applies to divorces filed in Germany regardless of the spouses’ nationalities or whether they live in the EU, and it can lead a German court to apply the law of a non-EU country.

Spouses can agree on the applicable law, but only from a limited set of options: the law of the country where they both live, the law of the country where they last lived together if one of them still lives there, the law of either spouse’s nationality, or the law of the country where the divorce is filed. In Germany, such an agreement must be notarized. Without a choice of law, the law of the country where both spouses live generally applies. If they live in different countries, Rome III looks to the country where they last lived together, then to their common nationality, and finally to the law of the country where the divorce is filed.

The Introductory Act to the German Civil Code (EGBGB) fills the gaps around Rome III. It extends Rome III’s rules to divorces outside the regulation’s scope, such as private divorces, and determines the law for financial consequences of divorce not covered by the EU rules on matrimonial property and maintenance. It also requires that any divorce in Germany be granted by a court (Article 17 EGBGB), which means private or religious divorces carried out in Germany have no legal effect.

The law that governs the divorce does not automatically govern its financial consequences. Matrimonial property is determined under the EU Matrimonial Property Regulation (EU Regulation 2016/1103) for couples who married, or made a choice of law, on or after January 29, 2019. Earlier marriages remain subject to the previous German conflict rules. Maintenance is governed by the 2007 Hague Protocol. Pension equalization is generally only carried out automatically where German law governs the divorce.

Within the EU, the Brussels IIb Regulation (EU Regulation 2019/1111) determines which country’s courts can hear a divorce. German courts have jurisdiction where, among other grounds:

• Both spouses live in Germany
• The spouses last lived together in Germany and one of them still lives there
• The respondent lives in Germany
• The applicant has lived in Germany for at least one year before filing, or for six months if the applicant is a German national
• Both spouses are German nationals

Only where no EU court has jurisdiction do the German national rules in Section 98 FamFG apply, for example where one spouse is a German national. Spouses cannot simply agree to have their divorce heard in Germany.

Where courts in more than one country have jurisdiction, timing matters. Within the EU, the court where proceedings were started first takes priority, and courts in other member states must wait for its decision on jurisdiction. Because countries differ widely on maintenance, property division, and pension rights, the country in which proceedings begin can change the outcome considerably. International couples should therefore take advice before the other spouse files abroad.

A divorce granted by a German court is recognized automatically in all other EU member states except Denmark. Whether it is recognized in a non-EU country, such as the United States or the United Kingdom, depends on that country’s own rules. Conversely, a divorce granted outside the EU generally has no legal effect in Germany until it has been formally recognized by the state justice administration (Landesjustizverwaltung). This matters in particular before remarrying in Germany, and the recognition of a foreign divorce should be applied for early.

A residence permit granted on the basis of marriage does not end automatically upon separation or divorce. It remains valid until its expiry date, although the local foreigners authority (Ausländerbehörde) can shorten its validity once the marriage no longer exists (Section 7 of the Residence Act, AufenthG). Spouses who already hold a settlement permit (Niederlassungserlaubnis) are not affected.

Non-EU spouses can acquire an independent right of residence under Section 31 AufenthG. If the marital cohabitation lawfully existed in Germany for at least three years and the spouse held a valid residence title up to that point, the residence permit is extended for one year as an independent permit, no longer tied to the marriage. For spouses of EU Blue Card holders, two years in Germany are sufficient if the couple previously lived together for at least one year in another EU member state. The same rules apply to non-EU spouses of German nationals.

These minimum periods are waived where this is necessary to avoid particular hardship. This applies in particular where the spouse is a victim of domestic violence, or where having to return to their home country would seriously harm their legitimate interests, including the welfare of a child living with them.

Non-EU family members of EU citizens can also retain their right of residence after divorce under EU free movement law. This is typically possible where the marriage lasted at least three years, including one year in Germany, or in cases involving hardship or custody of the couple’s children.

A divorce does not affect German citizenship that has already been acquired. Naturalization can only be withdrawn if it was obtained by deception, for example through spousal naturalization based on a sham marriage. Under the Nationality Act (Staatsangehörigkeitsgesetz, StAG), withdrawal in such cases is possible within ten years of naturalization (Section 35 StAG).

Our immigration lawyers work alongside our divorce lawyers on questions relating to the German residence permit after divorce.

Beyond the legal questions, international clients often face practical hurdles that a German couple would not encounter.

Documents. The court will usually ask for your marriage certificate and, where relevant, your children’s birth certificates. Foreign public documents often need to be authenticated before a German court will accept them. Depending on the issuing country, this is done by an apostille or by legalization through the German embassy or consulate. For certain documents from some European countries, no authentication is required at all. Whether authentication is needed is ultimately decided by the court. Documents in another language usually also need a translation, ideally by a publicly sworn translator in Germany. Our lawyers check which procedure applies to your documents and support you in authenticating foreign documents for use in Germany.

Court language. Proceedings are conducted in German, and all court letters and decisions are issued in German. A spouse who does not speak German is entitled to an interpreter at hearings (Section 185 of the Courts Constitution Act, GVG). Our lawyers advise you in English throughout and explain every document you receive.

Attending the hearing. The family court generally requires both spouses to appear in person at the divorce hearing. If a spouse lives abroad or cannot travel, the court may arrange for them to be heard by a court closer to where they live, or in some cases by video.

A spouse living abroad. If the respondent lives outside Germany, the divorce application must be formally served abroad. Within the EU, this follows the EU Service Regulation. Outside the EU, it usually follows the Hague Service Convention or diplomatic channels, which can add several months to the proceedings.

Working with us remotely. You do not need to be in Germany to work with Schlun & Elseven Rechtsanwälte. Our divorce lawyers handle cases remotely wherever possible, by phone, email, and video call, from the first consultation and the gathering of documents through to the divorce application. In most cases, the court hearing is the only step that may require you to attend in person.

If you live in Germany. If one spouse moves out, they must register their new address with the local registration office (Bürgeramt) within two weeks. Spouses can still be assessed jointly for income tax for the year in which they separated, but not for later years, so tax classes usually need to change from the following January. Our tax lawyers advise on the tax consequences of separation and divorce.

The cost of a divorce in Germany is set by law. It depends mainly on the spouses’ combined net income, their assets, and how many related matters the court has to decide, and uncontested divorces cost considerably less than contested ones. How long the divorce takes depends on the separation year and on how complex the court proceedings become.

Court fees in family matters are set by the Act on Court Fees in Family Matters (Gesetz über Gerichtskosten in Familiensachen, FamGKG). They are calculated on the basis of the procedural value (Verfahrenswert). For the divorce itself, this is generally based on the spouses’ combined net income over three months, adjusted for their assets and number of children. Each additional matter decided alongside the divorce, such as pension equalization, maintenance, or property claims, increases the overall value.

In divorce proceedings, court costs are generally shared equally between the spouses, and each spouse bears their own legal fees (Section 150 FamFG). Spouses who cannot afford the costs of proceedings may be eligible for procedural cost assistance (Verfahrenskostenhilfe), a form of state legal aid.

Additional expenses can include document translations, expert valuations, psychological assessments in custody disputes, and service fees. International cases often cost more because of cross-border documentation and certified translation requirements.

Spouses must be represented by a lawyer in divorce proceedings (Section 114 FamFG). In an uncontested divorce, the respondent spouse who only consents to the divorce does not need their own lawyer. However, one lawyer can never represent both spouses. Lawyers’ fees are governed by the Lawyers’ Remuneration Act (Rechtsanwaltsvergütungsgesetz, RVG) and depend on the procedural value of the case.

Uncontested divorces involve lower legal costs than contested proceedings, which may require several hearings and expert evidence. Complex international cases with assets in several jurisdictions or international custody issues require more extensive legal work. Additional costs may arise from urgent applications, interim maintenance proceedings, and enforcement proceedings if a spouse does not comply after the divorce.

A divorce in Germany takes at least one year because of the separation year, plus the time the court proceedings take after filing. Simple uncontested cases are often concluded within several months of filing. Where the other spouse contests the divorce, the applicant must prove the breakdown of the marriage after one year, or can rely on the conclusive presumption after three years of separation.

The divorce and certain related matters are decided together in composite proceedings (Scheidungsverbund). Pension equalization is generally part of these proceedings, and obtaining information from pension providers, particularly abroad, often determines how long the case takes. Complex international or high-asset cases can take considerably longer because of asset disclosure, valuation disputes, cross-border coordination, and potential appeals.

Divorces involving substantial assets, international elements, or business ownership require expertise across several areas of law, including private international law, tax law, business valuation, and cross-border enforcement. At Schlun & Elseven Rechtsanwälte, our family, tax, and corporate lawyers work on these cases together.

High-net-worth divorces bring their own difficulties: complex asset portfolios, privacy concerns, and financial structures designed for tax efficiency. Accurately valuing investment portfolios, real estate holdings, art collections, and interests in foreign trusts or holding companies requires forensic accounting and expert appraisals.

German law gives spouses enforceable rights to information about each other’s assets and income, but establishing the value of assets held abroad may require additional investigation. Family court hearings in Germany are not open to the public (Section 170 GVG), and confidentiality agreements can provide further protection for sensitive financial information.

As a full-service law firm, our German divorce lawyers work with our tax and corporate law specialists on high-net-worth divorces, structuring asset divisions to minimize tax consequences while meeting international reporting requirements.

When matrimonial assets include operating companies, professional practices, or partnership interests, the valuation is only part of the picture. Keeping the business running during a divorce requires careful planning to prevent disruption, preserve employee stability, and protect customer relationships. Solutions may include buyout agreements, deferred payment structures, or continued joint ownership arrangements that separate the personal relationship from business operations.

In entrepreneurial divorce cases, our German divorce lawyers work closely with our specialists in corporate law, tax law, and employment law, so that valuations take all legal and regulatory factors into account and any restructuring protects both the business and the divorce settlement.