A Divorce Is Never Easy
You have lived apart as a married couple for at least a year; under Section 1566 of the German Civil Code (BGB), the separation year is required by law. What's the point, those affected ask in surprise, being adults who were already sure before the separation year that there would be no shared future
The legislature is of the opinion that those affected need a year of separation from bed and board to be sure that the marriage can no longer continue. An essential requirement that matters for being able to file for divorce. For anyone with no interest at all in resuming the marital partnership, the 12 months feel like a requirement that puts additional emotional and time pressure on the entire divorce process.
Two spouses and a shared path?
The subsequent divorce proceedings can be set in motion quickly at the end of the separation year. Two spouses who had planned a shared path and have now ended up in a dead end want to end the marriage because there is no common ground left. Occasional attempts at reconciliation during the separation year should be avoided by spouses who are sure that divorce is the best path for both sides. Under the principle of irretrievable breakdown, a marriage that can no longer be "mended" can be dissolved in court after one year. The year can be used as a bridge to reach amicable arrangements regarding the children (if any) and child support. Who will the kids live with in future, who gets visitation rights. If the spouses completely agree that the marriage is over, they must keep in mind that the end of a marriage can have serious consequences for the children. In the interest of the children, the spouses should agree in such a way that the children's interests are taken into account in the divorce. Joint divorce settlement agreements should be notarized so that they will stand up in court.
Who gets the marital home and the furnishings?
If the shared home is to be given up, you must agree before the divorce hearing on how the home's furnishings are to be divided. One lawyer is enough if both spouses can agree jointly on everything surrounding the divorce. That saves costs; in case of disagreements over financial matters or over dealing with the children, a second lawyer should be brought in to protect the interests of both sides. Financial circumstances that the wife or husband does not disclose voluntarily have to be pursued in court. A checklist of assets, kept up to date during the marriage, gives a better overview. Immediate measures like these make the formalities of the divorce easier. The pension rights adjustment is carried out by the court ex officio upon application. Joint insurance policies often end at the latest on the day of the divorce, and legal advice helps to meet important notice deadlines