How to Divorce a German (and where)

Reliable Expert Information on British-German Family Law from International Divorce Lawyers

When a British-German or a US-German marriage starts to go south, the smart thing for each spouse to do is to get professional advice early on regarding what the differences would be if the divorce proceedings were carried out in England as compared to the divorce taking place in Germany. Which country’s courts have jurisdiction over an international divorce is rather complicated and sometimes it comes down to who files first for divorce in their “home” country. Ideally, of course, the spouses would agree on this issue and settle amicably. However, even if they do, each spouse should be aware of his/her rights under English or German law. For an overview of German divorce and child custody rules see the English language version of the relevant family law statutes of the German Civil Code (Book 4 of German BGB, i.e. section 1297 et seq.).

I do explain the basics of a German divorce (contested and uncontested) in this post: How to File Divorce in Germany

The additional links and downloads listed below provide further information on certain aspects of German family law. Even if some of the reports are a little older, the basic principles are being very well explained in these documents which is the reason why we still list them:

• EU Commission – European Judicial Network – Divorce Germany
• Grounds for Divorce in Germany and Maintenance between former Spouses (Download: Germany-Divorce)
• Parental Responsibilities under German Law (Download: Germany-Parental-Responsibility_National_Report)
• Matrimonial Property Regime and Property of Unmarried Couples Germany (Download: germany_national_report_family_law_en)
• New Family Law Procedure Rules in Germany – From Legal Dispute to Round Table Talk Approach – Uncontested and Amicable Divorce (Download: Recent Developments in German Family Law Procedures)

Some of the above is a tough read, even for lawyers. However, in our experience it increases the chances of achieving a collaborative, maybe even amicable divorce (although the Huffington Post says there is no such thing) when each spouse knows about his or her rights (in both jurisdictions) and does not have to fear being taken advantage of.

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In case you require competent legal advice on German family law or legal representation in German court proceedings, do not hesitate to contact Graf & Partners on +49 941 463 7070 or send an email. For more information on German family law also see these posts:

• Challenging Paternity in Germany and the UK: A Comparison
• Alimony in Germany: Child Maintenance and Financial Support for Single Mothers
• Broken Engagement in Germany: Engagement Ring must be returned

Cross Channel Lawyers (CCL) is a network of German lawyers who specialise in German-British and German-American legal issues. CCL was established in 2003 by the German law firm Graf & Partners and its international litigation department GP Litigation. Our lawyers have many years of practical experience with British-German and US-German family law and probate matters, including the representation of clients in German litigation and arbitration proceedings. If you wish us to advise or represent you in a German or cross border legal matter please send an email or call us on +49 941 463 7070.