For example, the husband is British, the Canadian. They lived together in Germany. After her separation, the woman returned to Canada, her husband remained in Germany. The divorce is carried out in accordance with German law. If the court applies German law, you just need to prove that you have been separated for a year. You don`t need to explain why the marriage broke or why you separated. This one-year separation requirement can also be met if you still reside at the same address. You simply shouldn`t sleep in the same bed or do too many common activities. It also allows a couple who both would like a faster divorce to file well before the one-year separation application, only claiming that they have been separated for a year. If both spouses stick to the story, the court will not know and will grant the divorce. Example: the husband is an American citizen, the wife has French nationality. They both lived in Germany.

After the separation, the husband moved to Japan, the wife to France. None of them have German nationality, so no divorce is possible in Germany. Instead of the statutory matrimonial property regime, German law also allows spouses to opt for the regime of separation of notarial property (Article 1414), community of property (§§ 1415 to 1518) or the optional rule of community of profits (§ 1519). There may be a chance, but it is not easy: we could either try to convince the German court to use the law of your country of origin, or the country of your last residence, which might not have the obligation of separation for one year. Or you could try to argue that maintaining marriage is an inappropriate harshness for you. The courts only accept this argument if your spouse has committed criminal acts against you or is constantly harassing or cheating on you. Normally, these cases become so chaotic that the trial lasts more than a year and you have waited just as long. 6. How long does a divorce procedure in Germany take? I can`t get enough of my partner. Can I just separate and file for divorce at the same time? In 99% of cases, the answer would be “no”. The aim of German law is to ensure that you are serious and that this is not just a spontaneous decision. It therefore provides that there must be a waiting period of one year (year of separation) between separation and divorce.

For example, if you want to separate on June 12, 2019 and divorce a year later, you can file for divorce in Germany on June 12, 2020. There are exceptions to this year of separation in radical cases (e.g. B if your partner tries to take your life). For the performance of the contract, a notary must register marriage contracts with both parties under Paragraph 1410 BGB. Post-marital agreements must either be notarized or kept in court to implement the agreement when it is concluded during the ongoing divorce proceedings. If the contract is definitively concluded after the divorce, for example. B in the case of post-marital maintenance, notarial or judicial registration is no longer required. 3.1 Are marriages enforceable (before and after marriage)? Is the situation the same when the agreement is a foreign agreement? The ideal separation would be for a partner to withdraw from the marital home. However, this is not always possible for financial or other reasons. German law therefore allows you to start the year of separation by following separate routes inside the marital home. Remember that this separation should be as complete as possible.

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