Divorce — the process
The Year of Separation – Start, Rules and Common Misconceptions
Almost every divorce in Germany begins with the year of separation. It is the key requirement for a court to be allowed to divorce a marriage at all – and the point where most questions and misunderstandings arise. Do you have to move out? When does the separation count? And can the year be shortened? From over 300 proceedings handled, we answer this clearly and in plain English.
Quick answer
The year of separation is the legally required waiting period of one year during which the spouses live apart before a divorce can be filed (Section 1566(1) German Civil Code, BGB). Moving out is not mandatory – living apart within the same home is possible. Only in narrow hardship cases can a divorce take place sooner.
In brief
- The year of separation lasts twelve months and is, as a rule, mandatory before divorce.
- Moving out is not required – what counts is separation "of table and bed".
- The year begins on the day the shared household is dissolved.
- It can only be shortened in narrowly defined hardship cases (Section 1565(2) BGB).
- Key matters such as separation maintenance, accounts and the home should be dealt with early.
What is the year of separation?
German law divorces a marriage only if it has broken down. As proof, the law generally requires that the spouses have lived apart for one year. Only then is the marriage deemed to have broken down where both want the divorce (Section 1566(1) BGB). If the spouses have lived apart for more than three years, the breakdown of the marriage is irrebuttably presumed – the divorce is then possible even against the other's will (Section 1566(2) BGB).
The year of separation is therefore not bureaucratic box-ticking but a period of reflection: it is meant to ensure the decision is considered.
When does the year of separation begin?
The year of separation begins on the day one spouse visibly dissolves the shared household and makes clear that they do not wish to continue the marital community. This may be the day of moving out – or the day separate spheres of life are created within the home.
Because this date matters later, you should record it, for example in a brief written note or a message to your partner. An official document is not required.
Living apart within the same home
Many couples cannot or do not want to fund two separate homes immediately – especially in Munich. The law therefore expressly permits separation within the shared home (Section 1567 BGB). The requirement is that a shared household no longer exists.
"Separation of table and bed"
Living apart within the home means: separate bedrooms, no shared housekeeping, no services for one another (no cooking, washing or shopping for the other). Finances are kept separate. Shared care for the children does not stand in the way of this.
If the separation is lived out within the home, it counts just like moving out. Consistent implementation is essential – otherwise the court may doubt the date of separation.
Do you have to prove the separation?
In an amicable divorce, the matching statements of both spouses about the date of separation are usually enough; the court generally requires no further proof. It can be different if the other spouse disputes the date of separation – then concrete indicators may matter (e.g. re-registration of address, witnesses, separate accounts). This is why it makes sense to document the start early.
Can the year of separation be shortened?
In principle, no – the year of separation is the rule. Only in a hardship case can a divorce take place before the year has elapsed (Section 1565(2) BGB). The bar is high: continuing the marriage would have to constitute an unreasonable hardship for the applicant for reasons connected with the other spouse. Mere breakdown or a new relationship is not enough.
Hardship is the exception
Whether a hardship case exists is always an individual decision judged by strict standards. Have this checked early with a lawyer before risking a premature petition.
What to arrange during the separation year
The separation year is when the course is set – legally and financially. Those who act wisely here are in a far better position for the later divorce:
- Separation maintenance: from separation, a maintenance claim may exist. → Maintenance
- Accounts and authorisations: review joint accounts, powers of attorney and standing orders.
- The home: who stays, who pays, what happens next? → Property and divorce
- Children: settle care, contact and maintenance amicably and early. → Divorce with children
- Assets: create an overview of assets and liabilities. → Division of assets
Set the course early
The cleaner you set up the separation, the smoother the later divorce. We show you what matters in your case.
Attempts at reconciliation
A brief attempt at reconciliation does not interrupt the year of separation. If the spouses move back in together for a manageable period to test whether the marriage can be saved, the separation year is preserved. Only a longer, serious period of living together restarts the clock.
Related topics
Amicable divorce Filing for divorce Contested divorce Maintenance Cost and process Divorce with children
Free tools to check first: Separation-year calculator
Frequently asked questions
Do I have to move out for the year of separation?
No. Living apart is also possible within the shared home if the spheres of life are clearly separated and a shared household no longer exists.
When exactly does the year of separation begin?
On the day the shared household is dissolved and one spouse makes clear they do not wish to continue the marriage. You should record this day.
Can I shorten the year of separation?
Only in narrowly defined hardship cases (Section 1565(2) BGB) with very strict requirements. As a rule, the full year must be observed.
What if my partner disputes the date of separation?
Then concrete indicators may matter. Documenting the start of separation early helps avoid later disputes.
Can I involve a lawyer during the separation year?
Yes – it is even advisable. Advice, separation maintenance and preparing the divorce can begin at any time.
Does an attempt at reconciliation end the separation?
A brief, serious attempt at reconciliation does not interrupt the year of separation. Only a longer period of living together restarts the clock.