Marriage and Divorce

Divorce in Germany is not merely a simple legal procedure, but rather a carefully structured legal process designed to ensure rights protection and minimize conflicts. It is also an organized process aimed at protecting both spouses' rights and ensuring fair and smooth settlement of joint issues, requiring divorce proceedings to go through several stages including filing for divorce, organizing financial and legal matters, and ending with the issuance of the final divorce judgment.

1. Basic Steps in Divorce Proceedings

Filing for divorce:

• The process begins with one spouse submitting an official request to the competent family court.
• The court notifies the other party through an official envelope (usually yellow in color), giving them the opportunity to either accept or reject the request:
  • In case of acceptance: Divorce proceeds by mutual consent and agreement.
  • In case of rejection: The couple must maintain living separation for three years, after which divorce becomes automatic even if one party still objects.

Pension rights equalization:

• This is a mandatory procedure to ensure fair distribution of pension entitlements between spouses:
  • Forms are sent to both parties to fill out with necessary information.
  • Completed forms are submitted to court after signing.
  • They are forwarded to the pension insurance office for calculations.
  • This step leads to scheduling the divorce hearing after reviewing the accounts.

2. Divorce Hearing and Judgment Issuance

Divorce hearing procedures:

• The session typically lasts 10-20 minutes.
• Both spouses must attend personally; in exceptional cases, remote communication technologies may be used.
• The judge inquires about:
  1. Duration of living separation.
  2. Both parties' desire to end the marriage.
  3. Financial situation of both parties to determine court costs and attorney fees.

Issuing the divorce decision:

• The divorce judgment is issued after completing all procedures.
• Both parties can waive their right to appeal to make the judgment immediately enforceable; otherwise, the divorce becomes effective after one month unless appealed.

3. Basic Legal Requirements for Divorce Request

• Marriage failure: Proof that joint life between spouses has become impossible.
• Separation proof: Clarification of the time of living separation in the request.
• Legal representation: Appointment of a specialized lawyer is a basic requirement for submitting requests and following up on the case.

4. Settlement of Financial and Family Issues After Divorce

Pre-agreements:

• It is recommended to reach agreement regarding matters such as alimony, custody, and profit distribution before the divorce hearing.
• Prior agreements facilitate the process and prevent conflicts that might lead to postponement of the case.

Conflict management:

• If no prior agreement is reached, issues can be discussed during the session. However, major disputes may require postponement of the session or issuance of a separate judgment for each issue.

5. Divorce Costs and Legal Assistance

Court and attorney expenses:

• Court costs must be paid in advance.
• Financially unable parties can request legal aid (Verfahrenskostenhilfe) - a legal system in Germany that enables individuals facing financial difficulties to receive financial support for covering legal procedure costs such as divorce. The state partially or completely covers court fees and attorney fees, with the recipient paying these costs later if their financial situation improves, usually in manageable installments.
• Cost sharing: The other party must bear half of the costs upon judgment issuance.

6. Importance of Prior Preparation for Divorce Settlement

• Reducing conflicts: Prior documentation of agreements ensures smooth process progression.
• Documenting all agreements beforehand to avoid delays.
• Relying on specialized lawyers to ensure compliance with legal procedures.
• Organizing financial costs systematically and seeking legal assistance if necessary.
• Being flexible in settling disputes to avoid complicating proceedings.

We conclude that the divorce process in Germany is fair to all parties, ensuring they begin anew without legal complications.