by Lea Hauke
Published on January 31, 2024
Divorce in Germany: A guide for foreigners
Life doesn’t always go as planned. Most people who get married assume that it will last forever, but a lot of marriages nevertheless end in divorce.
On top of the heartache that often accompanies divorce, you have more to consider if you or your spouse is a foreigner living in Germany. Why? Because a divorce can have an impact on everything from your finances to your German residency permit.
Let’s take a look at the process of divorce in Germany. We’ll address the general divorce proceedings as well as aspects of divorce law in Germany and how they apply to foreigners. We can’t provide legal advice for individuals going through a divorce, as every situation is different; if you have further questions, reach out to a divorce or family lawyer.
If both parties agree to the separation, filing for a divorce in Germany can be a rather simple process — but it also takes time.
A minimum of one year of separation is required before a divorce can legally be carried out. This is referred to as the Trennungsjahr, and it is intended to allow both spouses ample time to reconsider their marriage agreement and give each other space. During the Trennungsjahr, spouses may still live together in the same residence, though they should not sleep in the same bed or share activities together as a couple.
If one of the two spouses expresses an unwillingness to move forward with the divorce during this time, the separation period can be extended for up to three years. The court will declare the breakdown of the marriage if the circumstances of the separation don’t change during this subsequent three-year period.
If the divorce is amicable, only the party filing for it needs to hire a family lawyer. The other spouse does not necessarily need to have legal representation, though they may choose to if there are aspects of the divorce they wish to contest.
There are several possible reasons for divorce, including infidelity, partners drifting apart over time or a lack of commitment. However, the court’s focus does not lie on the reasons that led to the divorce, or on assigning blame to a culprit. The sole task of the court is to determine whether the marriage is beyond repair.
In special cases of unbearable hardship, such as those involving substance abuse or domestic violence, the separation requirement may be cut short or dropped completely. This can differ from case to case, as the court takes a range of circumstances into account. If you believe yourself exempt from the separation requirement, it’s best to seek legal representation as soon as you can.
Whatever your reasons for divorcing your partner, there are administrative realities to consider — especially if your visa depends on the marriage.
If the marriage lasted less than three years, your residence permit can be revoked. This may not be the case under special circumstances; for example, if you and your spouse have children together. Even if special circumstances don’t apply, you may be given the opportunity to apply for a different type of residence permit (if you qualify) before a final decision on your residence status is made.
If you’ve been married for more than three years, you are generally allowed to prolong the residence permit for one year following the divorce and can then apply for a visa in Germany independently.
The divorce process formally begins with the separation period, the start date of which both spouses must confirm. If both parties still agree to divorce after one year, one of the spouses must submit a divorce petition through a family lawyer. This can be done up to two months before the separation process ends.
The court then serves the divorce papers to the other spouse, typically by mail. If they agree, the next steps can be taken.
Usually, if spouses have lived together for a long time, there are a lot of things to discuss. These may include child custody, pension payments, division of property and alimony. All of these decisions must be documented and signed by both parties and a notary.
Once the partners have formally agreed on all of these issues, a divorce appointment is arranged. This is a relatively short proceeding in which the spouses are required to answer some basic questions about their marriage and the reasons for the divorce. This proceeding is typically conducted entirely in German, though you may request a translator at an extra cost.
After clearing this last hurdle, the divorce ruling is sent out via post to both partners and the divorce becomes official soon thereafter.
The spouse filing for divorce is typically responsible for paying the costs for the lawyer, court= and notary upfront. Usually, after the divorce ruling, the costs are then shared between both parties.
There is no fixed sum for the legal cost and court costs because they depend on your and your spouse’s income. In Germany, the basic costs for lawyers and the court typically amounts to approximately three times the monthly net income of both parties.
To guarantee that no one decides on a divorce lightheartedly, German law is designed to give both parties time to think about their decision. This is why the divorce process can only be started after both spouses spend some time apart from each other. This separation time can vary from one to three years, depending on both spouses’ cooperation. After this, the paperwork can be started and the case can be taken to court.
There are added complexities if you or your spouse are foreigners living in Germany under a residence permit. Keep in mind that your residence permit can be revoked in the event of a divorce if the marriage lasted less than three years.
While there are translators available in German court hearings, a German course can help you feel more secure while making these big decisions.
