For decades, the marriage law regulated not only the state but also the divorce of marriages. Meanwhile, one can meet the requirements for the divorce in §§1564 – 1568 BGB, the regulations §622 and §629d ZPO and in §630 ZPO read. Divorce consequences such as questions of maintenance entitlement or pension equalization are regulated by paragraphs 1569 f.f. BGB.
Divorce by court order only
According to the understanding of most religions and German law, marriage is a lifelong institution. It is even in the Basic Law under special protection. And it is not for nothing that it says: “therefore check who binds himself forever”. Consequently, it requires special circumstances and a procedure to separate the once closed marriage again. It can only be ended by death, divorce or suspension.
divorce or annulment can be ordered only by judicial judgment, namely, if a design claim has previously been filed. Divorce proceedings are now handled relatively quickly and easily, depending on the circumstances. Even online divorces are possible!
divorce statistics
How many marriages are closed, how many are divorced? Answers to these questions can be found at divorce statistics
Before the legal divorce comes the separation
Under one divorce one understands the formal termination of a marriage with all legal consequences. The separation on the other hand means that a marriage is actually terminated. In various countries, including Austria and Germany, separation is a prerequisite for divorce. A couple actually has to split up before this separation can be judicially determined and the divorce filed. The official divorce is thus synonymous with a formal dissolution of a marriage that no longer exists. A cancellation means that the marriage is canceled. It can only be obtained in Germany under special circumstances. After a cancellation you are legally not divorced.
We dedicate ourselves to the maintenance of divorce as well as ways of coping with one divorce. How to best prepare for the case of a divorce can be revealed to you as well, of course.
Finding a failed marriage
To be able to divorce a marriage must first be determined that it has failed. They are regarded as failed if the conjugal partnership no longer exists and recovery is no longer to be expected. Even though the spouses still share the marital home, this does not mean that they automatically form a domestic community.
The disorganization of the marriage and the underlying causes need not be studied carefully, taking into account the well-being of those involved. Instead, only two assumptions have to be met, suggesting the fact of the disruption: the spouses have been living apart for a year and there is no willingness to reconcile or a spouse would still want to divorce after three years separation despite the refusal of his spouse.
separation year
The obligatory year of separation – 12 months from the date of separation – is considered a mandatory requirement to file a divorce petition at the family court. In this case, the spouses must commit to a separation date, if there is no other indication of the date of separation.
To document the beginning of the year of separation, it is advisable to submit a declaration of marital status to the registration office. Changing the tax code required by the year of separation can thus also document when the year of separation officially began.
In this context, it should also be examined whether the right to separation benefit exists, as the common economic basis of life diverge.
For more details, including shortening the year of separation due to hardship cases, see: Year of Separation
Divorce with hardship clause
The hardship clause makes a divorce even more difficult: if there are minor children from the marriage, it must be checked whether a divorce can not be avoided for the benefit of the child. Even a disease or the old age of a spouse can prevent a divorce.
Contractual pension – divorce insurance
By marriage, one is by law in one Zugewinngemeinschaft. This means that everything that is earned in marriage is considered a common property of the spouse and in divorce is simply divided by two.
The divorce automatically creates a right to care equalization, often combined with a maintenance claim. These legal consequences of the marriage can be except for a few exceptions by a contract with the spouse exclude, if one does not approve of the legal provisions.
Depending on, for which period the contract should apply, one differentiates between the Marriage settlement and the Divorce agreement.
Divorce prevention today no longer concerns only celebrities such as movie stars, entrepreneurs or politicians. Even ordinary average people can help such a contract, in case of divorce despite anger and grief quickly, amicably and for the good of all agree.
Also read our blog posts with articles on divorce law
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