Divorce Lawyer in Nuremberg

Divorce in Germany – safely through the procedure

A divorce is emotionally stressful and at the same time involves many legal and financial questions. In Germany, a divorce can only be granted by the family court, and only a lawyer can file the divorce petition. As a divorce lawyer and certified specialist in family law in Nuremberg, I guide you through the entire procedure – in English if you wish.

Requirements for a divorce

• Separation year: As a rule, spouses must have lived apart for at least one year. This is also possible within the same home if you sleep separately and keep separate households.
• Amicable divorce: If both spouses apply or the other agrees, the breakdown of the marriage is presumed after one year of separation.
• Contested divorce: Without consent, the breakdown must be proven – it is presumed after three years of separation.
• Hardship divorce: In exceptional cases, such as violence, a divorce is possible before the year has passed.

Divorce for international couples

German courts often have jurisdiction if one or both spouses habitually reside in Germany. Which law applies to the divorce is determined by EU rules and may depend on a choice of law or your habitual residence. It is also important to check whether a German divorce decree will be recognised in your home country – and whether a religious or foreign marriage requires special steps.

The procedure

1. Initial consultation and clarification of the consequences of divorce
2. Divorce petition to the family court – only through a lawyer
3. Information on pension rights for the pension equalisation
4. Court hearing with personal attendance of both spouses (an interpreter can be arranged)
5. Divorce decree – final after the appeal period or immediately if both spouses, each represented by a lawyer, waive appeals

An amicable divorce often takes only a few months. Disputes over consequences of the divorce can extend the procedure considerably.

Pension equalisation (Versorgungsausgleich)

Pension rights acquired during the marriage – statutory pension, occupational and private pensions – are, as a rule, divided equally by the court. For marriages of up to three years, this only happens on application.

Consequences of divorce

Further questions often need to be settled: child and spousal support, division of assets (Zugewinnausgleich), the marital home and household items as well as custody and contact. A notarised settlement agreement can save time, costs and conflict.

What does a divorce cost?

Court and lawyer’s fees are based on the value of the proceedings, which is usually three times the spouses’ combined monthly net income (at least EUR 3,000), plus a supplement for pension equalisation. With an amicable divorce and only one lawyer, costs remain manageable. On low incomes, legal aid (Verfahrenskostenhilfe) can be applied for. You will receive a concrete cost estimate after the initial consultation.

Divorce lawyer in Nuremberg, Fürth, Erlangen and Middle Franconia

Our office is centrally located at Gleißbühlstraße 7, 90402 Nuremberg (Nürnberg), about a five-minute walk from Nuremberg Central Station. We represent clients from Nuremberg and the entire metropolitan region – including Fürth, Erlangen, Schwabach, Zirndorf, Stein, Lauf an der Pegnitz, Hersbruck, Feucht, Roth and Neumarkt – before the local courts, in particular the Nuremberg Local Court (Amtsgericht), the Nuremberg-Fürth Regional Court (Landgericht) and the Nuremberg Higher Regional Court (Oberlandesgericht).