Application for divorce of a marriage

In order to end your existing marriage, you must file for divorce in family court. In doing so, you must be represented by a lawyer. There is no requirement to be represented by a lawyer for the approval of the divorce petition.

The family court pronounces the divorce if the legal requirements are met. If both spouses file for divorce by mutual consent or if the respondent agrees to the divorce, the local court will divorce the marriage, provided that the so-called separation year has been lived through. In the case of contentious proceedings, the court decides in accordance with the law on the basis of the facts of the individual case.

Requirements

A prerequisite for the divorce of your marriage is that it has failed.

The marriage has failed if your cohabitation no longer exists and you and your spouse cannot be expected to restore it.

By law, this is irrefutably presumed if you and your spouse have been living apart for at least three years. In addition, a marriage is presumed to have broken down if you and your spouse have lived apart for one year and you both file for divorce or your spouse agrees to the divorce.

If you and your spouse have been living apart for less than three years and your spouse does not consent to the divorce, you must state and prove that the marriage has broken down.

The court may divorce the marriage regardless of the duration of the separation if the continuation of the marriage would cause you undue hardship for reasons related to your spouse.

What documents do I need?

• Identity card or passport
• Marriage certificate
  

  Original or certified copy