Lebenspartnerschaft Aufhebung

• Section 269, paragraph 1, no. 1 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
• § 15 Life Partnership Act (LPartG)
• § 270 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
• Section 111 No. 11 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
• § 122 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) on Local Jurisdiction
• §§ 58 ff. Law on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) in the case of an appeal

If you want to end your civil partnership, you can apply for the annulment of your civil partnership.

The annulment procedure takes place before the family court. As the applicant, you must be represented by a lawyer.
Your partner does not need legal representation if he or she

• agrees to the cancellation and
• does not want to make any applications themselves, for example applications for maintenance or equalization of accrued gains.

In court proceedings it will be examined whether one of the grounds for annulment applies.

As a rule, the following must be presented:

• Your photo ID
• the marriage certificate in original or certified copy
• Please seek legal advice about which documents your lawyer will need from you.

• They have been living apart for a year and
• both want the annulment or it cannot be expected that a partnership between them can be re-established or
• You have not yet been living apart for a year, but continuing your relationship would be an unreasonable hardship for you for reasons relating to the other person.
• They have been living apart for three years.

• Legal fees according to the Lawyers’ Remuneration Act (RVG)
• Court costs, Section 43 of the Law on Court Costs in Family Matters (FamGKG)
• Calculation based on the value of the item (depending on income and assets)
• If you are in need, you can apply for legal aid
• The court usually orders a waived cost arrangement. This means that each partner pays his or her own legal fees and half of the court costs.
• If the life partners have made a different agreement regarding the costs, the court may agree to this in whole or in part.
• If the application for annulment is rejected, the applicant must bear all costs.
• Tip: You can obtain specific information about the costs incurred in the procedure from your lawyer.

• Your lawyer must apply for annulment at the family court on your behalf.
• The court will serve the annulment application on your partner. You are not required to have a lawyer to approve the divorce application.
• At the oral hearing on the application for annulment, the life partners are usually heard in person on the conditions for annulment.
• If the conditions for annulment are met, the family court will declare the annulment of the civil partnership by order.
• The annulment takes place through a final decision of the court.

At least 3 months due to the prescribed procedure, possibly longer in more complex procedures. This depends on the individual case.

Please note the deadlines set by the court.

Complaint against the family court decision within one month by a lawyer

• Compulsory representation by a lawyer for the applicant
• The life partner does not need legal representation if he or she agrees to the annulment and does not wish to file any applications himself or herself.

Hamburg District Court