International divorces in Germany – 10 questions

1. Can a foreigner be divorced in Germany?

If one or both spouses have residence in Germany, a divorced can be pronounced by a German court, independent on the question in what country the spouses got married. This is a question of competence of the court, not however what law will be applied. The latter depends on several criteria, such as length of the residence or whether a marital contract was concluded.

2. How long does the divorce proceeding take in Germany?

The procedure usually takes 2 - 12 months, depending above all, but not solely, on the question whether pension rights must be equalized between the spouses.

3. How much does a divorce proceeding cost in Germany?

Court fees and attorney fees must be paid when divorcing in Germany. Both depend on the spouses’ income and assets, court fees always have to be paid by both spouses. To apply for a divorce at the Family Court, at least one spouse needs a lawyer, it is upon the agreement of the spouses whether these costs are also split between them.

4. Upon what reasons can you be divorced in Germany?

Under German law, spouses need to live separately at least for one year in order to be divorced. Hence sole grounds for divorce in Germany is the end of the relationship, no other causes are considered and hence no “blame” is apportioned.

5. Does one spouse have to pay alimony and is this part of the divorce proceeding?

The court only decides on the questions that are submitted to it. Hence, if no conflict on alimony is brought to the court, the divorce proceeding can be kept short and slim. Spouses can agree outside of the court on alimony duties, if there are. Usually, if minor children are involved, a child support will be discussed. All alimony duties depend on the guardianship and spouse alimony depends on the professional situation and income of both spouses.

6. What is the applicable law?

For each question to be treated (divorce, alimony, asset split…) the applicable law must be defined. The applicable law often depends on the current residence of one of both spouses, but not always, for some issues it is the first common residence after the marriage. Moreover, it is important to review marriage contracts, if existent, because the spouses might have opted for a law to be applied.  

7. Do we have to have a divorce convention in order to be divorced?

Spouses do not necessarily need to have a consent on the divorce itself, nor do they need to have regulated all divorce consequences in a divorce convention. It often makes sense to find such divorce conventions, but it is not a prerequisite for filing for divorce, it can be handled in out-of-court settlements.

8. How does the divorce take place?

Once the case is ready for decision, the family court will schedule a divorce hearing, which both spouses are normally required to attend. If needed, a translator can be present. The judge only asks questions about the spouses’ time of separation and will then pronounce the divorce decision. No signatures are required.

9. How can a divorce be recognized in my home country?

For European citizens, the court will issue a European recognition form, once the divorce has taken legal force. Together with the divorce decision the spouses can turn to the civil authorities of their country and the divorce is recognized immediately.

10. Do I have the right to apply for legal state aid as a foreigner?

Yes, legal state aid can also be granted to foreigners if income and assets do not allow the payment of court and/or attorney fees.