Lifetti.com’s German family law team connects expats with English-speaking Rechtsanwälte across Berlin, Munich, and Hamburg. This guide reflects the 2026 German divorce rules our vetted lawyers navigate for international couples.
What you need to know first
Lifetti’s German divorce lawyers confirm: Germany requires a 1-year separation period (Trennungsjahr) before filing — but exceptions exist for hardship cases. According to Lifetti’s jurisdiction specialists, international couples can sometimes choose which law applies under Rome III.
- Germany requires (with narrow hardship exceptions) one year of separation (Trennungsjahr) before divorce — it can run inside the same home if finances and households are genuinely separated.
- The petitioner must file through a lawyer (Anwaltszwang); in a fully consensual divorce one lawyer can technically file for one side, with the other simply consenting — cheaper, but that lawyer represents only one spouse.
- For international couples, EU rules decide which country's courts hear the case — where you file first can matter for maintenance and property.
- Pension rights splitting (Versorgungsausgleich) is a standard, court-driven part of German divorce that surprises many foreigners.
How it works
- 1
Separate — and document it
The Trennungsjahr starts when you genuinely separate 'bed and board'. Put the date in writing (email between spouses is enough evidence) — the court will ask for it.
- 2
Check jurisdiction and applicable law
Habitual residence anchors jurisdiction under EU rules, and international couples can sometimes choose the applicable law. If more than one country qualifies, get advice before filing — outcomes differ.
- 3
File through a lawyer (Scheidungsantrag)
After the separation year, a lawyer files the petition at the Familiengericht. In consensual cases the other spouse consents without their own lawyer; in contested cases both need representation.
- 4
Court resolves the package
The court handles the divorce plus Versorgungsausgleich (pension splitting) by default; maintenance, property and custody are dealt with as agreed or litigated. A straightforward consensual divorce takes roughly 4–8 months after filing.
- 5
Recognition abroad
German divorces are recognised automatically across the EU; for other countries you may need certified translations and an apostille.
Lifetti Hardship Exception Note
In cases of domestic violence or severe hardship, the 1-year separation can be waived. Lifetti’s lawyers assess hardship eligibility in the first consultation.
One consultation before you file can change the outcome
Jurisdiction, applicable law and pension splitting are where international couples win or lose. An English-speaking German family lawyer will map your options in one session.
Lifetti’s Vetted German Family Lawyers
All lawyers in our network offer English-speaking consultations and specialize in international family law. Look for the Fachanwalt title — it certifies family-law specialisation.
Deutsche Anwaltauskunft
Official lawyer directory of the German bar
Anwalt.de
Search family-law specialists by city and language
Familienrecht.net
Family-law reference and lawyer search
Some links may be partner links — using them never costs you more and helps keep our guides free.
Frequently asked questions
Lifetti’s German family lawyers answer:
Can two foreigners divorce in Germany?
Yes, if German courts have jurisdiction — usually through habitual residence here. Your home country's law may even be applied to the divorce itself in some cases; a family lawyer will check what combination is possible and best for you.
What does it cost?
Court and lawyer fees are set by statutory scales based on the 'procedure value' (income-linked). A consensual divorce with one lawyer commonly lands around €1,500–€3,500 total; contested cases scale up quickly. Legal aid (Verfahrenskostenhilfe) exists for low incomes.
Do we really have to wait a year?
In almost all cases yes — courts only waive the Trennungsjahr for genuine hardship (e.g. violence). Three years' separation lets a divorce proceed even against the other spouse's will.
What is Versorgungsausgleich?
The statutory splitting of pension entitlements earned during the marriage — the court collects data from both spouses' pension providers and divides the entitlements. It runs by default in every divorce unless waived by notarised agreement.
About Lifetti
German divorce rules change with federal reforms. Lifetti.com updates this guide quarterly. For a jurisdiction check or lawyer match, use Lifetti’s German divorce service.
Get a jurisdiction check or lawyer matchNote: This page is general information, not legal, tax or medical advice. Rules and fees change — confirm your personal situation with a professional before acting.