Any spouse can file for divorce in the court of the competent family of the couple in which the couple has their home. Unless the divorce is based on a strict clause, the application must be filed approximately two months before the separation period expires, i.e. after about ten years of separate life. According to page 133 famFG, the application for divorce (divorce application) must contain at least the following information: To change this and make divorces (and other family law issues more “civil”), the new regulatory framework of the German FamFG aims at divorce and everything that goes with it (maintenance and support obligations, separation of family patrimony) , issues of childcare and home attendance) less legal struggle between “parties to civil action” but rather a constructive process to find amicable solutions whenever possible. Unusually, German courts sometimes allow the application of foreign law. If you or your partner is a foreigner, it is possible to ask the judge to grant a divorce according to the laws of your country of origin (i.e., it may be a way to survive the one-year separation rule if such a rule does not exist in your home country). This is also the reason for the different legal terminology in divorce cases in Germany compared to normal civil procedures (participants instead of party, request instead of complaint, etc.). Therefore, if the spouses still speak reasonably, a German divorce can be very fast and relatively stress-free. This is particularly the case where both parties or, to use the correct terminology, both parties to the divorce are prepared to agree on financial issues and custody and custody issues in a separate subsidiary agreement, known as the separation and divorce agreement. An important part of the divorce or separation procedure is the allocation of pension funds, dependent pensions and child custody. Divorce and separation procedures are relatively simple in Germany, especially if both partners agree. If you and your partner have decided to end your marriage permanently, you have two options open. If a spouse does not wish to wait for a faster divorce, i.e.
the one-year (or three-year) separation period, that spouse can make one of the three legal exceptions to the mandatory separation period principle. These difficult cases (unacceptable cases) that allow for a quicker divorce, for example. B in cases of physical or psychological abuse, are exposed to question 1565, para. 2 and 1568 BGB. However, the requirements are quite strict and German family courts are reluctant to grant a divorce so quickly to spouses. Where possible, the spouses (and their respective German legal advisers) should negotiate the terms of a divorce agreement.