Divorce — the process

Amicable Divorce in Munich – Fast, Fair and Without Needless Conflict

When both spouses accept the separation, a divorce need not be a battle or a drawn-out procedure. An amicable (uncontested) divorce is the fastest, most affordable and least stressful way to end a marriage – especially where children or shared assets are involved. From over 300 proceedings handled, we know that setting the right course early saves time, money and nerves.

Quick answer

A divorce is amicable when both spouses want the divorce and either agree on the consequences (maintenance, assets, children) or can reach agreement on them. As a rule, the year of separation must have passed. Only one spouse needs to be represented by a lawyer.

In brief

  • An amicable divorce is usually completed within a few months of the separation year.
  • As a rule, one lawyer suffices – the other spouse simply consents. This lowers the cost considerably.
  • The requirement is normally the year of separation (Section 1566(1) German Civil Code, BGB).
  • Much can be settled in advance in a divorce settlement agreement – predictable and out of court.
  • The process can largely be prepared digitally; only the court hearing takes place in person.

What is an amicable divorce?

A divorce is amicable when both spouses agree to it. Legally, it is enough that one spouse files the divorce petition and the other consents. You do not have to agree on every last detail of the consequences – maintenance, division of assets, arrangements for the children; what matters is that no contested matters have to be decided by the court. Where questions remain open, they can usually be resolved out of court in an agreement.

The advantage is clear: the family court does not have to decide any disputed ancillary matters. The procedure is essentially limited to the divorce itself and the pension rights adjustment (the sharing of pension entitlements), which the court reviews as a matter of course.

Requirements

An amicable divorce essentially requires three things:

1

Year of separation

the spouses have lived apart for at least one year (Section 1566(1) BGB). This is also possible within the same home if the spheres of life are clearly separated. → More on the year of separation

2

Breakdown of the marriage

both spouses agree that the marriage has broken down and will not be restored.

3

Consent

the spouse who is not filing consents to the divorce.

No detailed consensus required

You do not need to agree on every euro to divorce "amicably". What matters is that disputed points are not brought before the court as ancillary matters. We clarify open questions in advance – calmly and constructively.

Why usually only one lawyer is needed

In Germany, representation by a lawyer is mandatory before the family court. In an amicable divorce, however, only the petitioning spouse needs a lawyer. The other can consent without their own lawyer. For many couples this means a noticeable saving, because the cost of a second representation is avoided.

Important to know: a lawyer may only ever represent one side. They cannot advise both spouses at once. In a fair, amicable situation this is generally unproblematic – but as soon as interests diverge (for instance high maintenance claims or substantial assets), separate representation for the other spouse can be advisable.

Free initial assessment

Describe your situation in a few sentences – how long you have lived apart, whether children or assets are involved. You will receive an initial, confidential assessment.

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The process in five steps

1

Separation and the year of separation

The separation year begins with living apart. We recommend recording the date of separation.

2

Advice and strategy

We assess your situation and clarify what should be settled in advance – from maintenance to assets.

3

Agreement (optional)

Where needed, we set out the consequences in a divorce settlement agreement.

4

Divorce petition

We file the petition with the competent family court; the other spouse consents.

5

Hearing and decree

In the short, non-public hearing the divorce is pronounced and takes effect once final.

The divorce settlement agreement

The heart of a good amicable divorce is often the divorce settlement agreement. In it the spouses settle the consequences of the separation themselves, rather than leaving them to the court. Typical contents are the equalisation of accrued gains, post-marital maintenance, the treatment of a shared property and arrangements for household contents. For key points – such as a waiver of maintenance or the transfer of a property – notarisation is required.

The benefit is obvious: you keep control, avoid a lengthy dispute and create planning certainty.

Division of assets   Maintenance   Divorce settlement agreement

Duration and cost

Duration: once the separation year has passed and the documents are complete, an amicable divorce is often concluded within a few months. The biggest time factor is usually the pension rights adjustment, because the pension providers must supply information.

Cost: costs are based on the procedural value, which is essentially guided by both spouses' incomes and can rise where there are significant assets. Court and lawyer's fees follow statutory tables – they are not arbitrary. Because only one representation is needed, the amicable divorce is usually the most affordable option. In the first consultation we give you a concrete estimate, with no hidden items.

Details on cost and process

If it turns contentious

Sometimes it only becomes clear later that one side is blocking or acting unfairly. A switch to contested proceedings is then possible – and your rights are firmly represented. The reverse also happens: initially hardened proceedings can still be resolved amicably with the right communication.

Contested divorce

Frequently asked questions

What does an amicable divorce cost?

Costs are based on the procedural value, guided mainly by both spouses' incomes. Because only one lawyer is needed, the amicable divorce is usually the most affordable option. You receive a concrete estimate in the first consultation.

Do we really need only one lawyer?

Yes. In an amicable divorce only the petitioning spouse needs representation; the other consents. Where interests diverge, separate representation can still be advisable.

Must the year of separation have passed?

As a rule, yes. Preparation and advice, however, can begin at any time so that you can act immediately once the year has elapsed.

How long does an amicable divorce take?

Often just a few months after the separation year. The pension rights adjustment is usually the biggest time factor.

Do we have to agree on everything?

No. What matters is that no disputed ancillary matters need to be decided by the court. Open points are clarified beforehand, often in a divorce settlement agreement.

Can we handle most of it online?

Much can be prepared by phone, video and digital document exchange. The divorce hearing itself takes place at the family court.

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