Q&A

How do you get a divorce in Germany?

How do you get a divorce in Germany?

The process of a divorce in Germany begins by agreeing to live separately. Thereupon starts the year of separation. To start the divorce paperwork, one spouse must submit a divorce petition through an attorney at the family court. At that time, the spouse who files for divorce has to pay the court fees upfront.

How many marriages are dissolved each year in Germany?

Figures from the Federal Statistical Office of Germany (Statistisches Bundesamt Destatis), show that a total of 187,640 marriages were dissolved in 2011, compared with 148,066 in 2018; a decrease of around 21%.

What are the requirements for annulment in Germany?

There are several requirements for annulment in German law, as follows: 1 At the time of the marriage, one spouse had not reached the age of majority or had not been validly exempted from this requirement; 2 One spouse did not have the capacity to contract; 3 At the time of the marriage, one spouse was already married; Weitere Artikel…

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Tax Advice, Ramstein, Kaiserslautern, Payroll, accounting and preparation of financial statements, filing of income tax returns, drawing up of annual reports for DOD-contractors, corporations,individuals and churches. Please note:This information is intended as short summary and is subject to change.

Can a German expat get a divorce in Germany?

It is important that expats fully understand the process and implications of getting a divorce in Germany. This may, for instance, affect their right to reside in the country, particularly if they have been married for less than three years.

How to request a divorce decree in Germany?

To be allowed to request the decree, we need you to issue a power of attorney and a copy of your passport for identification purposed, for children we also need a copy of the birth certificate. Duration Delivery of all documents usually takes a couple of weeks.

What happens to a marriage dissolved in Germany?

In Germany a marriage dissolved abroad continues to be viewed as still in existence. For example, the man and wife continue to be listed as such in German civil status records and registers of residents until the foreign divorce has been recognized (a “limping marriage”).

Which is the best divorce law firm in Germany?

Schlun & Elseven are a well-established law firm offering clear and professional legal advice for expats living in Germany. Their expert team can help with every step of your divorce proceedings, ensuring you have the right guidance and support for you and your family.

Divorce proceedings in Germany may begin once one of the spouses has filed for divorce. The German legislation does not allow for common divorce petition. Also, only the spouse requesting the divorce must be represented by German lawyers. The Family Court rules in divorce cases in Germany.

When does a German court have jurisdiction over a divorce?

According to section 606 of the German Code of Civil Procedure, German courts have jurisdiction over matrimonial matters, inter alia, when one spouse is a German national or, if both are foreign nationals, if they are both habitually resident in Germany.

How does spousal support work in a German marriage?

A.) Spousal Support during the marriage (“Familienunterhalt”) According to s 1360, 1360 a, b of the German Civil Code (Bürgerliches Gesetzbuch) spouses in Germany are legally obliged to support each other while the marriage persists.

The dissolution of a marriage is thus basically only valid in the state in which it was dissolved. In Germany a marriage dissolved abroad continues to be viewed as still in existence.

What are the legal grounds for divorce in Germany?

The legal grounds for divorce in Germany. In German civil law, German courts have jurisdiction over divorce cases if the couple are EU nationals and have their permanent residence in Germany. The only grounds for divorce recognised by German law is the breakdown of the marriage.

How long does it take to get a divorce in Germany?

Getting divorced is relatively straightforward in Germany. If circumstances are simple, the marriage can be officially dissolved after four to six months. If it is a long-term marriage, however, with wealthy partners who have many disputes over assets, the process can easily take a year or more.

Figures from the Federal Statistical Office of Germany (Statistisches Bundesamt Destatis), show that a total of 187,640 marriages were dissolved in 2011, compared with 148,066 in 2018; a decrease of around 21%.

Who is responsible for a new marriage in Germany?

The judicial administration authorities of the Land in which one of the spouses has his/her habitual abode have jurisdiction. If neither of the parties is resident in Germany, but a new marriage is to be entered into here, the authorities of the Land where the marriage will take place have jurisdiction.