German Divorce Lawyers

Divorces in Germany are extremely common have some of the highest divorce rates in Europe. According to Eurostat, there are an average of 4.9 divorces per 1,000 people every year, but you may be surprised to learn that your German divorce can be completed in another EU country, such as the UK.

Here at 1Solicitors, we have a team of German family law experts that can resolve and help to bring your case to a UK Court, aiding with completing a German divorce under British jurisdiction.

We also offer 24/7 legal advice and with the opportunity to conduct appointments and meetings via Skype, you don’t have to be in the UK at present in order to begin your divorce process.

German process for divorce

Unlike UK divorces, divorces in Germany do not require a reason for the marriage breakdown to be given in order to file an application. The sole reason for a divorce in Germany must be if the marriage has irretrievably broken down and a relationship cannot be salvaged. This is different to UK law where there are five reasons in which you could apply for a divorce.

German divorces begin when one spouse files an application to be legally separated from their partner. They must be represented by a German lawyer in order for the case to be discussed in a German family court.

Once the divorce case has reached the German court, a judge will consider a variety of things before granting the separation. These include:

Calculating spousal maintenance in Germany

Family courts dealing with a German divorce law case will have to allow the German court to decide on how finances are divided after the separation. Often referred to as a ‘supply balance’, this additional step means that a German divorce could take up to six months to process.

However, a supply balance for German spouses does not have to be calculated if:

  • Both spouses agree to waiver the agreement
  • The marriage lasted less than three years
  • One spouse is tired under a foreign law (i.e. if the German divorce was proceeding with a spouse from another country).

German spousal support

Just like divorces that are granted in the UK, German law also states that if there is one spouse which would be significantly financially weaker than the other party after the divorce, spousal support may be awarded.

The level of spousal support awarded depends on any illnesses or working capabilities that the weaker spouse may have and is decided throughout the German divorce process.

German divorce in the UK

Our team of international family lawyers are able to bring your German divorce to a UK court under EU laws. This means that you don’t necessarily have to select your home country as the place where you wish to divorce from your spouse.

In order to bring a German divorce into the UK Court, one of the following conditions must be met:

  • You and your spouse currently live in England or Wales
  • In the case of a joint application, one spouse lives in England or Wales
  • You have lived in England or Wales for at least six months prior to applying for a divorce
  • No other court of a “contracting state” to the European Convention has jurisdiction and either spouse is living in England or Wales when proceedings are initiated.

Legal advice from Expert German Divorce Lawyers

Because the jurisdiction relation to foreign divorces varies massively, you will need an experienced international family lawyer to work on your international divorce application. This is where our expert german divorce lawyers in the UK can help you. You will also need to ensure that UK Courts are able to deal with the case before deciding on where the hearing will be held.

In order to bring a German divorce to the UK Court, you must be able to provide evidence that mediation was not possible. Our team of German divorce lawyers are able to act as an impartial mediator throughout this process, as well as your legal representative in the UK, allowing your German divorce to be processed and finalised much quicker.

To discuss the possibility of your German family law case being finalised in the UK, contact us today. We’ve assisted many international spouses in applying for a legally recognised marriage breakdown and we’re sure that we can help you, too.

 

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