Clients regularly ask about the simplest and most cost-effective way to obtain a divorce, particularly where the spouses have already settled all matters between themselves in advance.
There is no option in Germany to conduct divorce proceedings online and/or without legal representation, even though this is often claimed.
For an uncontested divorce, at least one spouse must be represented by a lawyer in the proceedings. Only a German family court is empowered to issue the divorce decree.
An uncontested divorce is generally less complicated and faster, because both partners are in agreement and work together towards a resolution.
Here are the key steps:
1. Year of separation: First, the spouses must live apart for at least one year. This means they no longer share a household, and the separation is legally effective.
2. Mutual agreement: Both partners reach agreement on all key issues, such as maintenance, custody of children, pension equalisation (Versorgungsausgleich), division of assets and, where applicable, equalisation of accrued gains (Zugewinnausgleich). At least some of these arrangements must be set out in a notarised contract. Provisions on pension equalisation and equalisation of accrued gains are only legally effective if recorded in a notarised contract.
3. Divorce petition: Once the year of separation has elapsed and both parties agree that they no longer wish to continue the marriage, either or both partners may file the divorce petition with the family court through a lawyer. Spouses may not be represented by the same lawyer.
4. Court proceedings: The court reviews whether the requirements are met. In an uncontested divorce, usually only a single oral hearing is required, in which the separation and the agreement are confirmed. The family court judge asks the spouses since when they have been living apart and whether they still wish to continue the marriage. If the spouses confirm the year of separation and the breakdown of the marriage, the family court judge pronounces the divorce.
5. Divorce decree: Following the court's review, the divorce decree (Scheidungsbeschluss) is issued. It becomes final and binding if no further objections are raised.
6. Legal force: Once the divorce decree becomes final and binding, the marriage is definitively dissolved.
If all matters have been settled amicably, the process usually takes only a few months.
What costs are involved?
As regards costs, there are court fees and at least lawyer's fees for one lawyer. The fees are based, among other things, on the spouses' income at the time the divorce petition is filed and on whether pension equalisation still needs to be carried out.
A worked example for an uncontested divorce where the spouses have, by notarised contract, waived the carrying out of pension equalisation:
At the time of the divorce, both spouses each earn EUR 3,500.00 net.
Under statute, this gives a value in dispute for the divorce of EUR 21,000 (divorce: EUR 3,500 + EUR 3,500, multiplied by 3) and a value of EUR 1,000.00 for the pension equalisation, since an exclusion has been agreed. This produces a total value in dispute of EUR 22,000.00.
The court fees then amount to EUR 764.00 (each spouse pays half), and the lawyer's fees for one lawyer to EUR 2,075.00 plus EUR 394.25 (19% VAT). The lawyer's fees are payable by the spouse who instructed the lawyer. Between themselves, the spouses may agree to share these costs as well.
The notary fees for the exclusion of pension equalisation are usually shared between the spouses.
In the event of a divorce or other family law matters, Ms Julia Gerstein-Thole, certified specialist lawyer for family law (Fachanwältin für Familienrecht), will be pleased to represent you.
