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In Germany the one-year separation period (Trennungsjahr) is generally a precondition for divorce: only after one year of living apart is the marriage deemed to have broken down. What matters is the start of the separation “from bed and board” – the spatial and economic separation, which is also possible within the same home. In practice the divorce petition can often be filed shortly before the separation year ends, so that the court can deal with the divorce soon after the year has elapsed.

With mutual consent, the breakdown of the marriage is presumed once the separation year has elapsed. Without the other spouse's consent, divorce is usually only possible after the year has passed; after three years of separation, divorce can be granted even against the other spouse's will. Hardship exceptions are possible. We are happy to assess the exact date of separation and the next steps with you in a personal initial consultation, in English.