When Was Divorce Legalized in Germany

In general, legal and litigation costs should be between €1,000 and €3,000; This usually has to be divided between the couple. However, in case of disagreement, these fees will increase. This is because the process takes longer and therefore involves more work (and fees) for lawyers. Therefore, some people may choose to represent themselves to save costs. However, if the divorce is bitter and involves large sums of money, paperwork, and complex circumstances, it may be best to have a professional dealing with your case. If you want to have your divorce certificate translated for your home country, you can use lingoking`s online services. If the divorce was granted by a court or authority of the State of which the parties were the only nationals at that time and none of them was subject to an alternative civil status regime (e.g. as a stateless alien, asylum-seeker or foreign refugee), formal recognition is not required. Where there is a particular legal interest in the recognition of a divorce, formal recognition may be sought. There is a legal interest if, for example, they have to make a binding civil declaration for a divorce case or for registration or taxation purposes.

However, if you have been married for three years or more, you can extend your residence permit for one year after the divorce. After this period, you can independently apply for a right of residence in Germany. Please note that if you had dual citizenship at the time of divorce, this exception does not apply and official recognition is required. Although fault plays no role in divorce proceedings, the courts consider the conduct of both spouses when deciding whether adultery has occurred. For a marriage to be considered « broken, » the couple is no longer allowed to have marital relations and they do not expect to re-establish their relationship. An essential part of the divorce or separation process is the division of pension funds, the payment of child support, and child custody. Since 1977, the above-mentioned principle of guilt has been replaced by the principle of disturbance. The principle of rupture is the legal basis for any divorce – only marriages that have irrevocably failed can be divorced. For a divorce to be recognised, you must submit the divorce judgment and a special certificate issued by a court or authority of the Member State in which the divorce was obtained. This certificate must take a specific form (see Articles 37 and 39 in conjunction with Annex 1 of the EU Regulation). If your residence permit in Germany is based on an employment contract, your divorce should not have an impact.

If your residence permit is based on your marriage to a German or European citizen, whether or not you can stay in Germany after a divorce depends on the number of years you have been married. Research results indicate that divorce is becoming increasingly rare in Germany. According to figures from the Federal Statistical Office Destatis, 187,640 marriages ended in divorce in 2011 and 148,066 in 2018; a decrease of about 21%. If the spouse agrees and the divorce is therefore amicable, both spouses may have to decide on child custody, maintenance, division of property and households, etc. in a so-called divorce settlement agreement. This agreement must be signed by a notary, but saves time and money in court. In the event that the spouse rejects the divorce application, the lawyers of both parties submit their proposals to the court, which must decide. As in any country, there are important factors to consider when divorcing in Germany.

These, of course, depend on your personal situation, for example whether you share children or property with each other. Here are some of the most important things to think about. Please note that the surname of a German citizen does not change automatically due to divorce, but requires a name declaration. An amicable divorce without pension adjustment takes about four months after filing the divorce application, while an amicable divorce with pension adjustment takes five to nine months. To initiate divorce proceedings in Germany, you must submit the following documents: If your right to live in Germany is based solely on your marriage or if you came to Germany through family reunification, you risk losing your right of residence if you divorce; Especially if you`ve been married for less than three years. However, in order for the divorce to be registered in the German civil registry, a certificate from the country in which the divorce took place is required in addition to the divorce decree. This certificate must take a specific form (see Article 33, Annex IV to the Regulation). The recognition or non-recognition by the State administration of justice is binding on all courts and administrative authorities in Germany. With recognition, divorce under German law applies retroactively from the date of entry into force of the foreign decree. The question of which law the German court should apply in divorce proceedings (German or foreign law) is governed by the provisions of German private international law (see above « Related legal issues »).

If the divorce is obtained abroad, the foreign court applies the private international law of its country to determine which law is applicable in the divorce proceedings. Under German law, a marriage divorced abroad is deemed to exist until the foreign divorce decree has been recognised by the competent Land Ministry of Justice. Until the 1960s, divorce in Germany had serious social and personal consequences. It was socially undesirable and associated with personal failure and breakup. Obtaining divorce decrees, marriage certificates and other documents from abroad Pensions (statutory, professional and private) are also considered part of marital property and are usually divided equally after divorce or separation. This is especially the case if a partner`s pension contributions have been negatively affected by family obligations, such as pregnancy and parenting time.