Advice and representation in separation and divorce
A separation changes many things at once – living arrangements, finances and often the children’s daily lives. We advise you from your very first considerations and represent you in divorce proceedings. Our aim is to enable you to make your decisions with full knowledge of your rights and options.
The key points at a glance
Requirements for divorce
A marriage may be dissolved if it has broken down (§ 1565 BGB). The law irrebuttably presumes breakdown if the spouses have lived apart for one year and both apply for divorce or one consents, and after three years of separation even without consent (§ 1566 BGB). Before the year of separation has elapsed, divorce is only possible in exceptional cases of undue hardship.
The separation year
Living apart requires that there is no longer a shared household and that at least one spouse visibly rejects it. Separation is also possible within the same home if the household and living areas are in fact kept separate. Claims to separation maintenance or questions about the use of the marital home may already arise at this stage.
Court proceedings
Divorce is granted exclusively by order of the family court. Legal representation is mandatory in divorce proceedings (§ 114 FamFG): the spouse filing the divorce petition must be represented by a lawyer. The other spouse may consent to the divorce without a lawyer of their own, but may only file their own applications through a lawyer. The pension rights adjustment is generally decided at the same time by the court of its own motion.
Ancillary matters decided together
Maintenance, equalisation of accrued gains, the marital home, household effects, and matters of custody and contact can, on application, be heard together with the divorce in combined proceedings. Alternatively, these questions can be settled out of court or resolved in separate proceedings. Which route is advisable depends on your specific situation.
How we proceed
In the initial consultation, we clarify your family, financial and personal circumstances and your concerns. You receive a clear assessment of the legal starting position and the next steps.
Together we decide which issues take priority and whether an amicable solution is achievable. We conduct the correspondence with the other party and, where appropriate, prepare a divorce settlement agreement.
We file the divorce petition or represent you as respondent and accompany you to the hearing at the family court. We keep you informed of the progress of the proceedings throughout.
Frequently asked questions
Do both spouses need their own lawyer?
No. Only the spouse filing the divorce petition must be represented by a lawyer. The other spouse may consent without instructing a lawyer. However, they can only file their own applications in the proceedings, for example regarding maintenance or accrued gains, through a lawyer.
Can I stay in the shared home during the year of separation?
Yes, living apart is also possible in the same home if you manage your finances separately and no longer run a joint household. If living together is unreasonable, the family court may, under certain conditions, allocate the home to one spouse for their sole use.
Your contact
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich