Ehescheidung

Here you will find information on divorce.

A marriage can only be divorced in court and only if one or both of the spouses apply for it. The principle of breakdown applies. This means that if a marriage has broken down, it can be divorced, regardless of which of the spouses is to blame for the breakdown of the marriage.

The breakdown of a marriage is irrefutably presumed if the spouses have been married for at least

• one year live apart and both want a divorce or
• three years separated, even if the other spouse does not want a divorce.

Various matters must be settled prior to and as a prerequisite for divorce. In particular, the spouses must declare whether they agree on

- the exercise of parental custody,

- contact and maintenance for joint minor children,

- spousal maintenance,

- the whereabouts of the marital home and

- the division of the household effects

have agreed.

Together with the divorce, a decision is also made on pension equalization, i.e. the division of pension entitlements acquired during the marriage, and, if applicable, on property law matters, in particular the equalization of gains. You can obtain detailed information and advice from your trusted lawyer.

Divorce proceedings are initiated when the application for divorce is filed with the local court. In principle, both spouses must be represented by a lawyer, with the exception of divorce by mutual consent, where one spouse can declare their consent to the divorce without legal representation. The family court carries out investigations into the pension equalization and then sets a date for an oral hearing. The spouses are heard in person at the hearing. If the conditions for divorce are met, the marriage is divorced by order of the family court. The divorce becomes final after expiry of the appeal periods.

The breakdown of a marriage is irrefutably presumed if the spouses have been married for at least

• one year separated and both want a divorce or
• three years separated, even if the other spouse does not want a divorce.

Various matters must be settled prior to and as a prerequisite for divorce.

The application for divorce must be submitted to the competent local court. If you need advice on divorce proceedings and the consequences of divorce, lawyers can advise you.

The application for divorce must be submitted to the competent local court. If you need advice on divorce proceedings and the consequences of divorce, please contact a lawyer you trust.