In Germany, a divorce always requires court proceedings. How long they take and what needs to be settled depends above all on whether the spouses agree.
Prerequisite: the year of separation
The family court grants a divorce if the marriage has broken down (section 1565(1) German Civil Code, BGB). If the spouses have lived apart for at least one year and both apply for divorce, or one consents, breakdown is irrefutably presumed (section 1566(1) BGB). Without consent, the same applies after three years of separation (section 1566(2) BGB). A divorce before the year of separation has ended is only possible in rare cases of hardship.
The divorce petition
Only a lawyer can file the divorce petition with the family court (section 114(1) Act on Proceedings in Family Matters, FamFG). The other spouse does not need a lawyer if they merely consent to the divorce, but cannot then file applications of their own, for example on maintenance. One lawyer cannot represent both spouses, not even in an amicable divorce.
The competent court is the family court at the local court (Amtsgericht). Which court that is depends mainly on where joint minor children habitually reside, otherwise on the spouses' habitual residence (section 122 FamFG).
Pension rights adjustment
On divorce, pension rights acquired during the marriage are generally divided, including occupational and private pensions (Versorgungsausgleich). Both spouses receive questionnaires from the court, which then obtains information from the pension providers. This step often determines how long the proceedings take. If the marriage lasted no more than three years, the adjustment only takes place on application. Different arrangements can be agreed, but require notarisation or recording by the court.
Other consequences of divorce
The court only decides on maintenance, equalisation of accrued gains, the marital home, household items and matters concerning the children within the divorce proceedings if an application is made. Many couples settle these points by agreement. This speeds up the proceedings and reduces costs.
The divorce hearing
The court hears both spouses in person at a hearing. The divorce is granted by court order and becomes final if no appeal is lodged, usually one month after the order has been served.
Duration and costs
An amicable divorce often takes a few months, with pension rights adjustment frequently around a year. Court and lawyers' fees depend on the value of the proceedings, which as a rule is based on three times the monthly net income of both spouses, plus a value for the pension rights adjustment. Anyone unable to bear the costs can apply for legal aid (Verfahrenskostenhilfe).