Before you can file for divorce, you must have been separated from your spouse for at least one year. Only under the special circumstances of a hardship case, a divorce proceeding can be initiated before the end of that year. In such cases of domestic violence, drug abuse, or other important reasons, you should seek legal advice as early as possible to end a marriage quickly and apply for protection against violence if necessary.

When a marriage comes to an end, one of the spouses often moves out of the marital home which leads to a spatial separation. However, it is also possible to live separately within the same house or apartment if the spouses make sure not to have close contact or e.g. cook for each other. When the argument comes up who will stay in the marital home, you might have questions concerning an assignment of the apartment and potential compensation payments which we can answer.

In Germany, it is mandatory to be represented by an attorney when filing for divorce. Since it is sufficient if the attorney of only one of the spouses files for divorce, it is basically possible that only one spouse hires an attorney while the other one simply agrees to the divorce petition.

However, a divorce often causes many consequential matters (e.g. contact agreements, financial separation, alimony, etc.) that need to be settled. To ensure that solutions are found which reflect the interests of all parties, we highly recommend that both spouses seek for support by an experienced lawyer. This can also be a relief in so far that a divorce usually means emotional distress and the reluctance to be repeatedly confronted with one’s former partner. Instead, the communication can be done by the attorneys who work objectively and solution-oriented towards acceptable agreements on the consequences of divorce.

In case of a divorce, all pension entitlements acquired during the marriage are equalized reciprocally. That includes both the state pension and company pension as well as any additional provision. The pension rights adjustment is done by the court of its own motion (ex officio), irrespective of the applicants’ request.

Since it often takes a long time for the court to make a decision, it can make sense to separate this procedure from the divorce proceeding – especially if the parties want to get divorced as quickly as possible. Some divorce cases do not require a pension rights adjustment, for instance because foreign law is applied or because it was excluded in a prenuptial agreement. We will be happy to advise you regarding specific questions on that.

In many cases, a divorce goes hand in hand with concerns regarding potential financial losses. The common assets need to be divided among the parties, perhaps remaining debts have to be paid off, and it may be unclear how the household goods are split up between the former spouses, who owes compensation or alimonies to whom, and how common real estate is dealt with. Additionally, questions regarding custody and visitation rights for joint children often arise. In those cases, an agreement on the consequences of divorce can be the right way to create a binding solution for all upcoming questions. Such a contract is concluded between the spouses before or even after the divorce and records the agreement of both parties regarding the relevant topics.

The clear advantage of such an agreement is that it leads to a solution much faster than protracted court proceedings and is a more cost-effective alternative in most cases. In addition, a divorce settlement is usually much more in line with the interests of the parties than a court decision, and the out-of-court solution saves the parties involved the psychological stress of a costly legal dispute. In order to be on the safe side from a legal point of view and ultimately to obtain an agreement that comprehensively regulates all relevant points, legal advice is essential. We will be happy to draw up a divorce settlement for you according to your wishes.

Even after a divorce, both parents are generally entitled and obligated to care for the joint children and maintain contact with them, with custody encompassing both personal care and the duty of care of a minor’s property, and access rights regulating contact and visits between one parent and the minor children. Custody is a recurring point of contention in a wide variety of family constellations and is often a highly contested area, especially in the case of divorces between parents who are strongly at odds with each other. The question of whether one parent should have sole custody of a child or whether both parents should have joint custody often has to be decided by the family court.

Taking into account the best interests of the child, a decision is also made as to who receives the right to determine the child’s place of residence, i.e. who may decide where the child lives. Important criteria in deciding this question include the child’s social environment and his or her bond with both parents, as well as other persons close to the child.

In this context, a contact arrangement must often be made in which it is determined how much time a child spends with which parent depending on what fits to the new family constellation and who assumes which responsibilities for the child. Such an agreement can be concluded in court or out of court. For this purpose, mediations are an option, in which both parents reach an amicable solution together with the support of a mediator. In our office we also offer mediations, whereby our primary concern especially in the settlement of child custody cases is the best interest of the child and we strive to support the parents in reaching an agreement that is best for the child and yet also reflects the interests of both parents.

In the event of a divorce, it is often necessary to carry out an equalization of property gains in addition to the pension rights adjustment if this has not been excluded in a prenuptial agreement. Equalization of property gains is the division of property between the spouses, whereby the assets acquired by both spouses during the marriage are divided. The person who earned more during this time may have to “give up” some of it, as the other person can make a claim to equalization of gains, i.e. a monetary claim.

To specify this claim, the assets of both spouses are first determined separately at the time of marriage (initial assets) and at the time of delivery of the divorce petition (final assets). If the difference between these amounts is positive, taking into account possible liabilities (debts), this is referred to as a gain. If the gain of one spouse is higher than that of the other, the other spouse is entitled to half of the difference.

In these often complicated calculations, possible inheritances and gifts play a decisive role and it is often difficult to determine the initial and final assets. Other claims such as alimony must also be taken into account, and it is often necessary to clarify the value of individual items or even real estate at the time of the divorce and who actually has ownership of which jointly used items. With the support of a lawyer, it is usually easier to get an overview and find solutions for the disputed points.