Divorce in Germany: Procedures and Requirements

Pass by Divorce in Germany There are many procedures that indicate the breakdown of the relationship between the two parties, through the period of separation, which is immediately followed by divorce.

If we look at the statistics, we will find a significant increase in the number of divorces within the country, despite the well-being and quality of social life in Germany in general.

We will provide you through Europedia 24 europedia24.com What are the divorce procedures in Germany, its most important conditions and all the stages you must go through.

What is the divorce law in Germany?

The divorce law in Germany is one of the most important laws that must be adhered to within the country, and it is the law that governs the effects of the marriage at the time of filing a divorce application.

In order for a divorce to actually take place, the spouses must have lived separately for one year, and one party has filed a genuine application for divorce with the consent of the other party.

The second case is that the couple has lived separately for 3 years, and here either party can file for divorce without waiting for the consent of the other party.

Also Read – Terms Marriage in Liechtenstein and obtaining residency

Divorce conditions in Germany

There are many conditions that help speed up the divorce process in Germany, and if any of these conditions are met, the judge may agree to expedite the divorce process, and these conditions are as follows:

• One of the spouses has committed a crime.
• There is some domestic violence.
• Alcohol or drug addiction.
• Hiding illegitimate children before marriage.

Documents required to complete divorce proceedings in Germany

All the documents required to file for divorce in Germany must be provided by a lawyer, and these documents are as follows:

1. Marriage certificate.
2. Marriage contract.
3. Birth certificate of the joint children.
4. Copies of passports.

Also Read – How to Immigrating to the UK by marriage

Divorce Procedures in Germany

Divorce proceedings in Germany begin with the filing of a divorce application by a spouse represented by a German lawyer in order to deal with the family court.

After the referral to trial, the judge will begin to review the various cases related to divorce, whether child custody, child support, or marital service, as well as the sharing of joint property.

In the event that the divorce proceedings in Germany are based on German law, the requirements must be amended so that the amount of pension benefits earned during the marriage is divided equally between the spouses.

However, divorce proceedings can take at least 6 months, and if benefits are not calculated, it can take up to 10 weeks.

The factors that lead to non-calculation of benefits are as follows:

1. Marriage has been going on for more than 3 years.
2. that both parties have sufficient balance.
3. The spouses agree that the divorce proceedings are subject to foreign law.

Divorce Procedures in Germany for Refugees

Divorce proceedings within Germany for refugees are extremely arduous, with the dissolution of a marriage and separation taking more than a year, as well as the high financial cost.

Accordingly, refugees in Germany seek many different ways to complete a divorce without incurring significant expenses or complicated procedures.

One such way that refugees rely on to complete divorce proceedings is to start the proceedings in another country in order to expedite them.

Accordingly, the German court will hold a divorce under foreign law, since the divorce laws and rules in other countries are much simpler than in Germany.

Also Read – Get to Know Marriage Law in Turkey for Foreigners and its conditions and the required documents

Ways to find a lawyer to complete divorce proceedings in Germany

The first step after making a divorce decision is to find a lawyer as he is responsible for dealing with the family court to identify the reasons for the divorce.

There are some ways to help you find a lawyer in Germany well, and these methods are as follows:

• Find a lawyer online.
• Relying on the recommendations of some friends.

The lawyer represents the divorce applicant only, with the consent of the other party, in order to file for divorce.

Also Read – What Are They Reunification Procedures in Germany How to apply?

Stages of Applying for a Divorce in Germany

Divorce in Germany goes through many different stages, and of course each stage has its own procedures, which we will explain in the following lines.

Separation period

Before going to court in order to file for divorce in Germany, the couple must go through a separation process of about 12 months and a maximum of 3 years.

What governs this period is that in the case of the agreement of the parties, the specified period is only one year, while in the case of one of the parties objecting to the divorce, the expiration of the period of 3 years will be waited for the divorce application.

The separation period begins when the two parties live separately from each other in all aspects of life, whether bank accounts, shopping, or various household tasks.

Disputed Divorce

The second stage after the separation period is the disputed divorce, and here the divorce is not done by consent between the two parties, but there is a problem regarding the distribution of property.

In this case, the judge is forced to make the decision on behalf of the spouses, to complete the divorce and distribute the expenses between the parties in accordance with German law.

Consensual or consensual divorce

In this case, the divorce is done by consent between the parties, and here the judge does not need to make the decision instead of the family, but begins to distribute the property as agreed by the spouses.

If you want to file for divorce with the consent of both parties, you must follow the following steps:

• One of the spouses files for divorce with a lawyer.
• The form must be filled out, either online or in person, with the rest of the required documents attached.
• The lawyer submits all paperwork to the family court.
• The court sends a copy of the divorce to the second spouse.
• If all parties agree, the meeting time will be determined.
• The session is only 10 minutes long
• After several weeks, the parties receive a divorce decree where a certificate can be issued at the German Registry Office.

Also Read – How to Apply Parent Reunification in Italy

Divorce costs in Germany

The costs of divorce in Germany are represented in many different matters, including the fees of the lawyer, notary and real estate appraiser, in addition to paying all the required legal costs.

The claim value is determined by the monthly net household income, with around €250 deducted for each child in the family.

The minimum value is around €2,000, while the maximum is €1,000, with the possibility of choosing to add 5% of the property value if the problem is not resolved amicably.

Around 1,000 euros are added if you want to redistribute your pension savings, and of course the calculation method varies depending on the German cities.

The first part will be paid immediately after the application is submitted, with an invoice sent to the court, which means that it is impossible to start proceedings in Germany without paying the required costs.

A lawyer is entitled to an advance payment of around €250 in order to obtain legal advice in the pre-trial period.

In the event of an agreed divorce, you will need to pay for the services of the lawyer and the court fees, and the services of the lawyer are calculated based on a table that describes how the calculated value of the claim relates to the fees.

The cost of legal services for a lawyer ranges from 5 to 15% of the claim amount.

Also Read – How to Get Permanent Residency in Germany And its most important conditions

Child custody after divorce in Germany

German law constantly protects the interests of women and children, and if children reach the age of four, they will stay with their mother, if they do not wish to go with their father.

The father must pay the child’s maintenance until he or she reaches the age of majority, knowing that cash payments cannot be stopped until the child has completed his or her education.

The amount of alimony after a divorce in Germany depends on the wealth of the ex-spouse and the age of the child, the older the child, the more cash payments there will be.

Father’s Rights After Divorce in Germany

A timetable is established when the second party takes the children to a certain place, knowing that the rights of the parents with the mother and father remain the same in the event that the issue of deprivation is not considered separately.

It is possible to waive the payment of financial assistance in favor of the party who is obsessed with income after the divorce without income or difficult living situation, knowing that alimony is paid during the separation until the divorce decision is finalized.

Also Read – How to get permanent residency in Switzerland With ease

Wife’s Rights After Divorce in Germany

For children, parents have the same rights, but it is normal for children to live with their mothers, and in some exceptional cases to live with the father.

If the child after the divorce is about 10 years old, he or she has the right to choose independently with whom he wishes to live.

After the divorce proceedings are completed in Germany, the court begins to divide the future pensions of the spouses, i.e. all pension contributions accumulated during the period of living together in the marriage are divided and added equally.

How to divide property after divorce in Germany

A division of property is a separate legal process that is carried out after a divorce, knowing that the property that the couple had before the marriage will remain the same after the divorce.

The fair division between the two parties is real estate, furniture, cars, securities, stocks, and others.

Also Read – Learn the Steps to Get Permanent Residency in Spain

Conditions for Staying in Germany After a Divorce

You can stay in Germany after the divorce proceedings have been completed, if you have children due to shared custody and communicate with them regularly for financial support.

If you are also charged with a violent crime, you must remain in Germany, as well as work or take part in a vocational training course.

Also Read – How to Get Permanent Residency in Italy

Frequently Asked Questions on Divorce in Germany

Official Sources and References

• The German government’s official portal for skilled workers Make it in Germany
• German Federal Office for Migration and Refugees (BAMF)
• Official EU Portal Your Europe

Short answer according to research intention

Divorce in Germany goes through many procedures that indicate the breakdown of the relationship between the parties, through the period of separation, which is immediately followed by divorce. In short: start with the admission requirement, language, and funding, then check the details of the university or program before arranging travel or paying any fees.

Who benefits from this guide?

This content is aimed at Arab students and those planning to study or train in Germany. Therefore, checkpoints have been added that help you turn information into a practical decision while reducing the risk of relying on general or outdated information.

Before you rely on the information

• Compare the admission requirements in the essay with the university page or DAAD, as the requirements vary by program and state.
• See the actual cost: Semester fees, health insurance, housing, and proof of financing calculation, if applicable.
• Keep the application dates and required documents in one list so you don’t miss an important appointment.

Official Sources and Reliable References

• DAAD
• Study in Germany
• Make it in Germany

Frequently Asked Questions

Do the details vary from German state to state?

Yes, in subjects such as study, work, housing, and local services, details may vary by state or city, so you should consult the responsible party in the target location.

Does this article replace the official source?

No. The article explains the image and gathers important checkpoints, but does not replace official websites or specialist advice when there is a direct legal or financial impact.

Editorial Note: This content was edited on July 11, 2026 to add a clearer answer to the researcher’s intent, official sources, and practical checkpoints that enhance trust and expertise.

This post is also available in: