What are the rules of divorce in Germany?
The sole grounds for divorce in Germany is the breakdown of the marital relationship past the point of repair (causes are not considered and no “blame” is apportioned). This irrevocable breakdown is usually attested to by a separation of at least one year, where both parties agree to the divorce.
How long does a divorce take in Germany?
between 4 and 6 months
If both of you live in Germany and you have only the divorce (no child custody, no financial claims), it usually takes between 4 and 6 months. If you argue about custody and visitation for your children, about child support and alimony, about your house and your retirement, it might easily take a few years.
How are assets divided in divorce in Germany?
In court, the assets will be divided equally between both partners. These measures refer to assets that the spouses jointly own. Such assets include those purchased throughout the marriage or which have been purchased using a joint bank account / have contracts signed by both partners etc.
Who pays for the divorce in Germany?
To start the divorce paperwork, one spouse must submit a divorce petition through an attorney at the family court. At that time, the spouse who files for divorce has to pay the court fees upfront. Usually, the fees get split in half by both spouses afterward.
Is divorce easy in Germany?
Getting divorced is relatively straightforward in Germany. If circumstances are simple, the marriage can be officially dissolved after four to six months. If it is a long-term marriage, however, with wealthy partners who have many disputes over assets, the process can easily take a year or more.
Can I still stay in Germany after divorce?
In other words, the Immigration Office can ask you to leave Germany after the official divorce. However, you can file a lawsuit against the shortening of your original residence permit. To do so, you need to hire a lawyer in due time.
Does Germany have alimony?
The parent who lives separately from the child is obliged to pay cash alimony in the form of advance payments. On the other hand, the other parent with whom the child lives is obliged to provide maintenance for care in the form of food, accommodation, care, education, etc.
How are divorce papers served in Germany?
Since everyone who lives in Germany must be officially registered with the resident’s registration office (Einwohnermeldeamt), everyone — at least in theory — has an official registered private address and can be served with documents by simply sending those documents to said address.
Can a person marry without divorce?
No, it is illegal. Under Section 494 of the Indian Penal Code, if a person marries a second time, without a divorce, while their spouse is alive, the marriage is considered bigamy, which is a punishable offense.
How do you end a marriage in Germany?
A divorce must be applied for at the Family Court at your place of residence or that of your partner. However, you cannot apply personally, as you are obliged to be represented by a lawyer in the court (“Anwaltzwang”). In other words, you have to hire a lawyer who can submit your application to the court.