Germany Divorce Guide: Laws, Process & Costs
Everything you need to know about divorce in Germany.15 in-depth guides covering your rights, costs, and options.
Legal System
Civil law
Divorce Type
No-fault (1 year separation)
Waiting Period
1 year separation (3 years if contested)
Average Cost
€1,000–€20,000+
Property System
Zugewinngemeinschaft (community of accrued gains)
Residency
Habitual residence in Germany
Divorce Law in Germany: Overview
German divorce law requires a mandatory one-year separation period (Trennungsjahr) before divorce can be filed. The system is strictly no-fault since 1976. Both spouses must be represented by their own lawyer — this is a legal requirement, not optional. Germany's most distinctive feature is the mandatory pension equalization (Versorgungsausgleich), where all pension rights earned during marriage are split exactly 50/50. Since the 2008 reform, post-divorce maintenance has been significantly curtailed, with courts emphasizing each spouse's obligation to become self-sufficient.
Key Legislation
Bürgerliches Gesetzbuch (BGB) §§1564-1568
Core divorce provisions: grounds, procedure, and hardship clause.
Versorgungsausgleichsgesetz (VersAusglG)
Mandatory pension equalization — all pension rights during marriage split 50/50.
BGB §§1569-1586b
Post-divorce maintenance (Unterhalt) — reformed in 2008 to limit duration.
FamFG (Gesetz über das Verfahren in Familiensachen)
Procedural law for all family court matters.
Grounds for Divorce
- ●Sole ground: irretrievable breakdown of marriage (Scheitern der Ehe)
- ●1 year separation: presumed irretrievable if both agree
- ●3 years separation: irrefutably presumed irretrievable (no consent needed)
- ●Hardship clause (Härteklausel): divorce can be refused if it would cause exceptional hardship to one spouse or children
How to Divorce in Germany: Step-by-Step
Trennungsjahr (separation year)
Must live separately for at least 1 year. Can be under the same roof if truly living separate lives.
Hire a lawyer (Pflicht)
Each spouse MUST have their own attorney. This is required by law.
File divorce petition (Scheidungsantrag)
Filed at the local Family Court (Familiengericht).
Financial disclosure
Both spouses exchange pension information for Versorgungsausgleich.
Oral hearing (Anhörung)
Both spouses must appear before the judge personally.
Divorce decree (Scheidungsbeschluss)
Judge pronounces divorce. Becomes final after 1 month if no appeal.
Recent Legal Reforms
Major alimony reform: post-divorce maintenance now limited, emphasis on self-sufficiency (Eigenverantwortung).
New Versorgungsausgleichsgesetz modernized pension equalization.
Online divorce applications allowed for the first time.
What Makes Germany Divorce Unique
- →Both spouses must have their own lawyer — mandatory dual representation
- →Versorgungsausgleich: all pension rights during marriage are automatically split 50/50
- →Zugewinngemeinschaft: each spouse keeps their own property but 'gains' during marriage are equalized
- →Legal fees are calculated based on income, not hours — making costs more predictable
- →The Trennungsjahr can be served under the same roof if living 'separate lives' (getrennt von Tisch und Bett)
Germany Divorce Statistics
~35-40% of marriages
Divorce rate
6-12 months after separation year
Average duration
~52% women, 40% men, 8% jointly
Who files
€1,500-€3,000 per spouse
Average cost (agreed)
€10,000-€20,000+
Average cost (contested)
Germany Divorce Guides
Germany Property Division
How assets and debts are divided
Germany Spousal Support
Maintenance and alimony
Germany Child Custody
Custody and parenting arrangements
Germany Divorce Process & Timeline
Steps and how long it takes
Germany Divorce Costs
Fees, costs, and legal aid
Germany Child Support
Financial support for children
Germany Uncontested Divorce
When both spouses agree
Germany Divorce Mediation
Alternative dispute resolution
Germany Divorce & Taxes
Tax implications of divorce
Germany Domestic Violence & Divorce
Safety and legal protections
Germany Prenuptial Agreements
How prenups affect divorce
Germany Legal Separation
Separation vs. divorce
Germany Contested Divorce
When spouses disagree
Germany Divorce with Children
Guide for parents
Germany Father's Rights
Equal parenting and custody
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Legal Disclaimer: This article covers Germany divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Germany for advice specific to your situation.