Divorce Procedure in Germany

When a person assumes his/her marriage has ultimately failed, he or she may think of divorce. To prevent couples from prematurely ending their marriage, in Germany, there is a so-called "year of separation" ("Trennungsjahr") couples need to go through before the official divorce; i.e. you cannot be divorced until you live separately from your spouse for at least one year.

However, there are exceptions to this general rule:

• If you cannot be expected to wait for a year, your divorce may take place faster. You may be exempt from spending a year of separation, e.g. if your spouse was frequently and certifiably violent against you, or if you or your partner has been in an extramarital relationship for months, or when one of you is expecting a child from an extramarital relationship.
• If your partner does not agree to a divorce and presents valid reasons why your marriage has not ultimately failed, you need to live separately for three (instead of just one) years before you can officially get a divorce.

You need to prove that you have actually been living separately for one (or three) year(s). The year of separation begins immediately after the couple separate economically and physically, i.e. when your bank accounts are not joint anymore and you no longer live in the same apartment. If moving out is not possible and you still have to live together during the year of separation, you must have separate bedrooms and live independently from each other. If your partner does not agree with the separation, it is recommended to send him a registered letter ("Einschreiben") declaring your decision for divorce and to keep the postal receipt.

Important: You can submit the divorce application shortly before the end of the year(s) of separation, as it usually takes a few months before the court issues a divorce decree.

A divorce must be applied for at the Family Court at your place of residence or that of your partner. However, you cannot apply personally, as you are obliged to be represented by a lawyer in the court ("Anwaltzwang"). In other words, you have to hire a lawyer who can submit your application to the court. On this Lawyers Database, you can find a lawyer in your area.

It suffices if one of the partners hires a lawyer to submit the divorce application to the Family Court. The other party will then be informed about the application by the court and can decide whether he or she agrees. It is also possible for both partners to apply for a divorce, but, in this case, both spouses must apply to the same law firm.

Good to know: If there are many issues to settle between you, and you don't agree on everything, lawyers can also help you find the best solution that fits you both. If your partner hires a law firm and you don't have one on your side, you could be at a disadvantage financially or in terms of child custody.

Divorce proceedings include both court costs and legal fees. The lawyer's fees are higher than the court costs. As a rule, both spouses share the court costs, but each pays their own legal fees. In the case of a divorce by mutual consent, it is sufficient for one of the spouses to hire a lawyer. You can then share the legal fees.

The exact costs depend on the so-called “Verfahrenswert” or value of the proceedings. To calculate the value of the proceedings, the court looks at the net income of both spouses, among other things. The last 3 net monthly incomes of both spouses are taken into account. The calculation of the procedural value also includes the equalisation of pension entitlements (“Versorgungsausgleich”), joint assets, real estate or other financial factors, interpreter costs and dependent children, if applicable.

As a general rule, the higher the value of the proceedings, the more expensive the proceedings will be for you. In the court fee table of the Act on Court Costs in Family Matters (FamGKG) you can see which court fees you have to pay for which value of the proceedings. For instance: If the value of the proceedings is €10,000, you will have to pay 2x €266 in court fees– the value is multiplied by 2, as there are two of you. The basis for calculating the lawyer's fees is, just as for the court costs, the value of the proceedings. The table on lawyer's fees for divorce from Finanztip (under point 6) shows the current calculation of lawyer's fees according to the respective value of the proceedings.

You can obtain advice on the exact amount of the legal fees, e.g. from a law firm or a specialised counselling centre. You should first discuss the costs with the lawyer before signing the power of attorney. 

Good to know: Legal fees may increase from June 2025.

If you want to get an initial overview of the total costs of divorce, you can use the divorce costs calculator on the website of the Family Law Working Group of the German Bar Association (DAV) or the divorce costs calculator from Finanztip.

When choosing a lawyer, make sure they specialise in family and divorce laws. If your right of residence has been obtained through marriage, it may be helpful to hire a lawyer familiar with residence rights and international law.

If you have little or no income, you can apply for state assistance to cover your legal costs ("Verfahrenskostenhilfe").

You can learn more in our chapter “Legal Aid”. 

There are several issues to settle in most divorces:

• If you have not entered into a prenuptial agreement (“Ehevertrag”), the assets generated during the marriage will be divided between the partners in the event of a divorce. This rule is called "property equalisation" rule ("Vermögensausgleich" or "Zugewinnausgleich"). However, it does not apply to the assets which a spouse owned prior to the marriage. If you have agreed in a prenuptial agreement that your entire property belongs to both spouses ("Gütergemeinschaft"), everything will be divided between you and your partner. In case you have both indicated in your prenuptial agreement that the assets generated during the marriage will not be shared ("Gütertrennung"), then both partners keep their property and nothing needs to be divided.
• Do your best to come to a mutual agreement about the ownership of the assets with your spouse outside the court. If a mutual agreement is not possible, your lawyer can help you to file a claim for property equalisation at the Family Court- keep in mind that filing such a claim will increase the service fees you are required to pay to your lawyer and the court.
• In case of a divorce (and also during the “Trennungsjahr”), usually, one of the spouses is obliged to pay maintenance. In other words, if you are unable to provide for yourself, your spouse is obliged to support you financially. This obligation applies to your spouse when you cannot earn a living due to childcare, old age, health conditions, unemployment or if you are in vocational training. In these cases, your spouse is also obliged to provide financial support for the children you have together, if they live with you. The amount of maintenance payment you receive depends on the financial conditions during the marriage. However, it is important to keep in mind that your spouse needs to earn enough and support himself as well. According to family law, you cannot demand financial support when your spouse does not earn enough money. In case your spouse is not able to pay maintenance while you have little to no income, you can receive state benefits. If possible, come to a mutual agreement about maintenance payments outside the court. If this is not possible, you can file a court order with the help of your lawyer. Involving the lawyer and the court, however, will increase your legal costs.
• If you have children together, you need to clarify with whom the children will live in the future and whether you will share their custody or not. If only one of the parents takes on the children's custody (“Sorgerecht”), he, he or she will be solely responsible for the children's upbringing. The parent who has the custody decides, for instance, which kindergarten or school the children go to, with whom they interact and where they live. According to the “Parental visiting rights” ("Umgangsrecht"), the parent who does not have the right of custody is entitled to see his children regularly. You and your spouse can reach a mutual agreement on these issues outside the court. Only if you fail to come to an agreement, will the court intervene and decide about custody and visiting rights. In this case, the main priority is always the wellbeing of the children. Try your best to reach an agreement on child custody and visiting rights outside the court. If you cannot agree, you can file a claim in the court with the help of your lawyer. Involving the lawyer in the conflict, however, will increase your legal fees.
• After the divorce, a so-called "pension sharing" rule ("Versorgumgsausgleich") applies to the couples' pension entitlement. In principle, the longer you have worked and the more you have earned, the higher the amount of pension you will receive. In a marriage, however, often one spouse stays at home, for instance, to care for the children. So, he or she will be entitled to a lower pension compared to the other person. In the case of a divorce, the person with the more substantial pension entitlement must hand over part of his pension rights to his/her partner. During the divorce process, the Family Court decides what portion of a person’s pension rights must be transferred to the spouse.

Important: If you and your partner disagree on your rights and obligations after divorce, you can try mediation before taking matters to the Family Court. Mediation can save you a great deal of time and money. Mediation means you and your partner try to find a solution to all disputed issues regarding childcare, custody, etc., with the help of a consultant. You can negotiate and agree on everything- however, the court is the only authority which calculates and decides the portion of pension rights to be shared. Here you can search for a divorce mediation service in your district.

The first step is to hire a lawyer who can submit the divorce application to the court. The Family Court reviews your application and sends it to your partner asking for his/her response. At the same time, the court will send you and your partner some forms you must fill out, so that your pension rights will be checked to calculate the amount of pension rights which must be transferred. The calculation process can take up to six months. When everything is resolved, the court will give you an appointment for an official divorce.

You, your spouse, and your lawyer(s) must be present in the Family Court on the designated date. You and your spouse must present your ID cards, passports and (if applicable) family register. If you have married in Germany, you can ask the relevant Civil Registry Office ("Standesamt") for a copy of your family register. The Family Court sessions are not public, which means spectators or guests are not allowed in the courtroom. The court will settle any unresolved problems between you and then formally declare you divorced; i.e. issues you a "divorce decree" ("Scheidungsbeschluss").

The length of your divorce process depends on the duration of your marriage as well as your wealth. In general, if you and your spouse agree on all issues, are neither very wealthy and have not been married for long, at least four to six months can be expected before you can officially dissolve your marriage. If there are disputes over assets, maintenance payments or custody rights, or in case you have been married for a long time, the divorce process may take a year or more.

If you got married abroad and one of you has German citizenship, the marriage must first be recognised in Germany. You must have the marriage registered at the registry office (“Standesamt”). Only then can you get a divorce in Germany. This registration costs around €100, depending on the registry office. Only once the marriage has been recognised can you apply for a divorce at a family court in Germany.

Important: If you have married abroad and do not have the marriage recognised in Germany, you may not remarry in Germany. Otherwise, you may be accused of bigamy (i.e. having two spouses), which is prohibited in Germany according to §1306 BGB. According to German law, no one may marry if already married or living in a registered civil partnership.

If neither of the spouses has German citizenship, they must divorce in the country or at the consulate of the country in which they got married and then have the divorce recognised by the relevant citizens' office in Germany.

If you have any further questions or uncertainties, you can seek advice. You can find counselling centres and lawyers in your area on our Local Information page– Enter the city name and search for divorce or legal advice nearby.

If you have obtained your residence permit due to your marriage, you may lose your right of residence after the divorce. If you have come to Germany through family reunification and have not applied for family asylum, your residence permit depends on the continuation of your marriage. That is also the case when your marriage is the only reason you have been issued a residence permit in Germany. The decisive factor here is the length of your marriage. You can find detailed information on our topic page “Right of residence independent of marriage”.

You could seek advice from a counselling centre or a lawyer. To find a counselling centre or lawyer nearby, visit our Local Information page. Enter the name of the city where you live and search for  residency or legal advice in your area.  

• You can apply to the Civil Registry Office to assume your old family name; in case you have changed yours after the marriage. You are free, however, to keep the family name of your former spouse.
• Since May 1, 2025, it has become easier for children to change their last name after their parents’ divorce. If the parent the child lives with changes their surname, the child can take on the new surname — or choose a double surname combining both parents’ last names. Children aged 5 and older must give their consent. If the other parent has custody or if the child bears their last name, they are not allowed to object.
• Since May 1, 2025, it has also been easier for so-called stepchildren to adopt the surname of the stepparent after their parents divorce.
• Since you are not married anymore, your tax class ("Steuerklasse”) will change. Learn more in our chapter “German Tax System”.

The annulment of a marriage is not equivalent to a divorce. If annulled, a marriage is terminated by a court order because it was not registered according to the marriage regulations in Germany. A marriage may be annulled when:

• it has taken place despite a marriage restriction.
• one of the partners was not legally capable of entering a marriage contract at the time of marriage.
• one of the partners was not of legal age at the time of marriage.
• the marriage is a result of deception or threat.
• the marriage is a so-called "marriage of convenience" ("Scheinehe").

You can learn more in our chapter „Marriage“.