For both methods, if the spouses lived together in Germany before their separation, German law applies. Pensions (legal, professional and private) are also considered part of the matrimonial patrimony and are generally distributed equally after a divorce or separation. This is particularly the case when a partner`s pension contributions have been negatively affected by family responsibilities such as the . B time spent on pregnancy and child-rearing. In Germany, there is no separation procedure. A non-conciliation procedure is possible under paragraph 1313 of the BGB, but the chances are very slim. In Germany, pre-formality and aary agreements are legally binding if they comply with formalities and are not unfair or immoral. An agreement is applicable if these conditions are met. 3.3 Can marital agreements cover a spouse`s financial rights to divorce, for example. B because of child support or compensation, or are they limited to the choice of the matrimonial plan? Can they deal with financial rights for children, for example.

B custody of the children? You must prove that you actually lived separately for one (or three) years. The year of separation begins immediately after the couple`s separation economically and physically, i.e. when your bank accounts are no longer together and you no longer live in the same apartment. If an extract is not possible and you must live together during the year of separation, you must have separate rooms and live independently of each other. If your partner does not agree with the separation, it is recommended that you send a recommended letter (“recommended letter”) in which you declare your divorce decision and keep the receipt from the post. Divorce is not the only way to end a marriage in Germany. German law also allows the annulment of marriage and the separation of marriage. There are no legal formalities for a separation of bodies – one of the spouses simply has to move and live separately.

However, only a German court can annul a matrimonial language. Important: You can file for divorce just before the end of the year of separation, as it usually takes a few months for the court to pass a divorce decree.