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In Germany a marriage can only be dissolved through negotiation before a family court. The divorce application can only be submitted by a lawyer. Therefore, in the event of a divorce, there is always a mandatory requirement to have legal representation.

The German "Zugewinnausgleich" is a legal concept that governs the division of property in the event of divorce. It applies to couples who are married and have not entered into a prenuptial agreement. Essentially, the "Zugewinnausgleich" aims to ensure that each spouse receives an equal share of the increase in their combined wealth during the marriage. The increase is calculated by subtracting each spouse's starting net worth from their ending net worth at the time of divorce. The spouse with the higher increase in net worth is required to pay a portion of the difference to the other spouse. However, certain assets such as inheritances and gifts are excluded from the calculation.

To calculate the gain during the marriage, the initial and final assets of each spouse are compared. The gain is the difference between the initial and final assets. Then, a comparison determines which spouse had a higher gain during the marriage, and that spouse is obligated to pay the other half of their excess.

Children have priority in the ranking when it comes to support payments. However, during the separation year, the spouse with the lower income is also entitled to separation support.

In Germany, couples have to live apart from each other for at least a year to be able to get a divorce.

If this is not possible and spouses often still live in the same apartment, that is no problem either. It is not necessary that both ex-partners have different places to live. Living apart is also accepted if they still live together, but separately manage their household and finances. They cook separately and don't share the bedroom anymore - this is called "separate from table and bed".

It is important that at least one spouse no longer wants to restore the marriage. The separation year begins when one partner expresses the desire to separate and the separation is implemented in everyday life.

Divorce costs in Germany are regulated and are determined in accordance with set guidelines.

Do you want to save money and time? An uncontested divorce may be a solution for you. An uncontested divorce, also known as an amicable divorce or a mutual divorce (einvernehmliche Scheidung), is a type of divorce in which both spouses agree to the divorce and all related issues, such as spousal support and the division of property and debts. An mutual divorce can be less time-consuming and less expensive than a contested divorce, which involves disputes that must be resolved through litigation.

As a divorce lawyer, I can advise you on when and under what circumstances an uncontested divorce and even a joint attorney for both parties is possible