International Divorce Cases: German Family Lawyer

Comprehensive legal support in times of crisis

International Divorce Cases:
German Family Lawyer

Comprehensive legal support in times of crisis

As a result of steadily advancing globalisation, international matters are increasingly part of the everyday life of a family lawyer. This includes divorces of partners from different countries or marriages contracted in other legal systems, as well as proceedings where the divorce was filed in Germany but one of the spouses lives abroad. In such cases, jurisdiction and applicable law must be determined, whereby EU regulations and agreements under international law must also be taken into account.

The German law firm Schlun & Elseven offers comprehensive support in all family law matters – especially those with an international aspect. Our lawyers have excellent expertise and the necessary empathy to make this emotionally demanding situation as comfortable as possible for you and your family.

If you have any questions about the divorce process or any other family law matter and would like personal legal advice, please do not hesitate to contact us.

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Divorce in Germany: The Legal Grounds

§ 1564 -1568 BGB regulates the grounds for divorce in Germany, but primarily, it concerns the breakdown of the marriage. The primary indicator is that the spouses have separated for at least one year and live different lives. This “Trennungsjahr” applies for at least one year if both partners decide to get divorced, or three years apart if one of the partners is seeking a divorce. Under German law, divorce cases are recognised when there is a “breakdown of the marriage”. A breakdown is indicated when the couple no longer lives together and does not expect to restore the relationship.

However, § 1565 para. 2 BGB does permit the waiving of this requirement in certain circumstances of particular hardship. Such hardship cases include issues such as domestic violence and abusive relationships. In these matters, delaying the divorce by a year would be viewed as a hardship.

Although Germany’s divorce laws operate under a “no-fault” basis, the behaviour of the parties will be considered in matters such as child custody, child support and alimony payments.