Under German law, a divorce order can only be made by the family court. From a German legal perspective, jurisdiction in divorce cases with an international element is primarily governed by article 3 EU Regulation 2019/111¹ (´Brussels IIb Regulation´). As a general rule, in order to file for divorce in Germany one of the parties must have been habitually resident in Germany for a specific period of time (usually six or twelve months) before the petition is filed or if the spouses are both German nationals. If that should not be the case and if the courts of no other member state of the Brussels IIb Regulation should be competent, section 98 Family Proceedings Act (Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit – FamFG) applies, according to which German courts have jurisdiction for a divorce if only one spouse is a German national or was a German national at the time of the marriage. Alternatively, German courts have jurisdiction if at least one spouse has his/her habitual residence in Germany when the divorce petition is filed, unless the divorce order is clearly not being recognised abroad.

If divorce proceedings are pending with the German court, in general that court is also competent for matters regarding the spouses´ matrimonial property regime pursuant to article 5 (1) EU Regulation 2016/1103²(´ancillary jurisdiction´). If no divorce proceeding is pending, article 6 EU-Regulation 2016/1103 applies making reference to the habitual residence of at least one of the spouses at the time the application is made or the joint nationality of both spouses.

The Brussels IIb Regulation and the EU Regulation 2016/1103 do not apply the concept of domicile.

Footnote(s):

¹ EU Regulation 2019/1111 of 25 June 2019 on jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility, and on international child abduction.

² EU Regulation 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes.

German courts determine jurisdiction based on the requirements as set out in the provisions of the relevant EU regulations or national law (see question 1.). The requirements must be met at the time when the application is filed with the court. Unlike for example in the UK, there is no ‘forum convenience test’ based on a comprehensive assessment of all individual circumstances. Once jurisdiction of the German courts has been established, it remains unaffected by any subsequent changes in the circumstances that initially justified it. This principle is known as ‘perpetuatio fori’.

If divorce proceedings are already pending before the courts of a member state of the Brussel IIb Regulation when the application for divorce is filed with the German court, the court will stay proceedings until such time as the jurisdiction of the court first seised is established. If the jurisdiction of the court first seised is established, the German court will decline jurisdiction in favour of the court first seised, article 20 (1), (3) Brussels IIb Regulation.

If divorce proceedings are pending before the courts of a non-member state of the Brussel IIb Regulation and there is no special treaty in place between Germany and the respective country (e.g. the Treaty concerning the reciprocal recognition and enforcement of judicial decisions in civil and commercial matters between Germany and Israel of 20 July 1977), section 261 (3) Code of Civil Procedure (Zivilprozessordnung – ZPO) applies. Under that rule the German court will stay divorce proceedings in favour of the foreign proceedings provided that the foreign divorce order is likely to be recognised in Germany.

It is to note that in matters connected to the divorce, such as matters regarding the matrimonial property regime, maintenance or custody, the issue of lis pendens must be assessed separately on the basis of the relevant EU Regulation or – if a non-member state is involved – any relevant treaties or German national law.

Unlike other jurisdictions as for example the UK, where a court would always apply its own law (´lex fori´), it is a basic concept of German law that in all cases with an international element the governing law must be assessed. In the context of a divorce, this means that the applicable law for the divorce itself as well as any matter related to the divorce (e.g. matters regarding the spouses´ matrimonial property regime, spouse and child maintenance, custody etc.) must be determined on the basis of the relevant EU Regulation, international treaty or, alternatively, the conflict of law rules of German national law.

Until the late 1970ies, the grounds for divorce under German law were indeed fault-based. However, that has changed and section 1566 (1) German Civil Code (Bürgerliches Gesetzbuch – BGB) now refers to a breakdown of the marriage as being the ground for divorce, irrespective of the reasons for such breakdown.

The marriage is deemed to have broken down if the spouses have been separated for more than three years, section 1566 (2) BGB (irrefutable presumption). If the spouses have only been separated for at least one year, but less than three years, the spouse who is not the petitioner for divorce must declare his/her consent to the divorce (‘consensual divorce’), section 1566 (1) BGB. The latter is the usual procedure in German divorce proceedings. Only in very exceptional circumstances when it would be considered as a case of hardship, it is possible for a spouse to get divorced before the separation year has elapsed, section 1565 (2) BGB.

After filing of the divorce petition, the family court will serve the petition to the other spouse (see question 5.). The duration of the divorce proceedings largely depends on the individual case. If the spouses are in agreement regarding the matters connected with the divorce (such as spouse or child maintenance or division of marital assets), usually divorce proceedings will only take a few weeks. If there are disputes between the spouses regarding matters connected with the divorce, the proceedings can easily go on for years as the court must not issue the divorce order before all ancillary matters are settled.

Serving of the application for divorce must be done via the local family court. After the divorce petition has been filed with the competent court, the court will request the petitioner to pay an advance on court fees in accordance with section 12 (1) German Court Fees Act (Gerichtskostengesetz – GKG). The divorce petition will be served on the respondent by the court once payment has been received. Further, the court will check whether certain formal requirements (e.g. name and address of the respondent) have been met that are necessary for service to take place.

If the respondent spouse lives abroad, serving divorce papers can take time and should be considered when filing. Service must be conducted under international agreements like the Hague Convention of 1965 or, if inapplicable, under German national law.

A joint application for divorce is not possible. However, in cases of a consensual divorce only the filing spouse needs to be represented by a lawyer while there is no such requirement for the respondent spouse who declares his or her consent to the divorce and makes no further application to the court. Spouses would then often split the lawyer´s fees of the filing spouse, which in practical terms comes quite close to a joint application for divorce.

Foreign marriage: There is no specific procedure for the recognition of a foreign marriage in Germany. If one of the spouses is registered in the German civil status register (usually if he or she is a German national), he or she can apply for the subsequent registration of the foreign marriage in Germany, section 34 Civil Status Act (Personenstandsgesetz – PStG). Typically, the validity of a foreign marriage is to be considered as a preliminary question, e.g. if a spouse needs to prove his or her civil status as being married. From a German legal perspective, the validity of a marriage is governed by the law of the spouses’ home country or, alternatively, German law, article 13 of the Introductory Act to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch – EGBGB). The existence of a foreign marriage can also be determined in a declaratory proceeding with the German courts.

In Germany, the principle of compulsory civil marriage applies, meaning that state involvement is required for a marriage to be legally valid. According to section 1310 (1) BGB, a marriage is only valid if the spouses declare their intention to marry before a state registrar.

Foreign civil partnerships / civil unions: Registered partnerships are unavailable to opposite-sex couples under German law. The same is the case for same-sex partnerships since 2017 (see question 7.). Foreign registered partnerships cannot be registered in Germany. Recognition of such partnerships has generally failed for opposite-sex couples, as German law does not provide for this form.

However, foreign civil partnerships / civil unions may have legal consequences in Germany (e.g., maintenance claims), though recognition issues arise when conflict-of-law rules refer to the term ‘marriage’ but not civil partnerships or civil unions.

Customary marriages / religious marriages: Customary or religious marriages are generally not recognised in Germany unless they meet certain formal requirements. German law does not recognise the concept of customary marriages. Likewise, religious marriages do not meet the formal legal requirements and are usually invalid (see ‘Marriage’, question 6a).

Further, it should be noted that any recognition of a foreign marriage is subject to the reservation of public policy (ordre public). A violation of German public policy may arise in family law cases, for example, if the freedom to marry, freedom of religion, or the principle of equality between men and women is not upheld. This is also relevant in cases involving child marriage.

Until 2017, it was not permitted for same-sex couples to enter into a marriage under German law, but to enter into a so-called registered civil partnership which provided for similar, but not identical legal consequences than the marriage between opposite-sex couples. Despite the introduction of same-sex marriage nowadays, there are still differences between same-sex and opposite-sex couples, e.g. when it comes to questions of descent and adoption.

Regarding the recognition of same-sex marriages that have taken place in a foreign jurisdiction, the same rules apply as for the recognition of any other foreign marriage (see question 6.).

The substantive financial orders the court can make in connection with a divorce refer to capital (equalisation of accrued gains – ´Zugewinnausgleich´), adjustment of pension rights (´Versorgungsausgleich´) and maintenance (spousal support and child maintenance). Except from the pension rights adjustment which is a mandatory part of the divorce proceedings (provided the spouses have not entered into a different agreement) orders will only be made by the court upon the application of one of the spouses to deal with such issue.

Asset division upon divorce depends on the matrimonial property regime applicable to the spouses (see question 14. for details).

Upon application of one of the spouses, the court can make an interim provision (in favour of the spouse or joint children). In order to do so, the court must determine the respective claims in a summary procedure, i.e. the claims must be likely to be successful.

Under sections 119, 49 et seq., and 246 FamFG, the court may issue an interim maintenance order. This procedure requires the applicant spouse to demonstrate a legitimate interest in a swift decision due to urgent financial needs. The interim order remains in effect until replaced by a subsequent decision or agreement.

A spouse in need can also claim for coverage of legal costs from the other spouse by way of an interim provision which is often done. Coverage of legal costs is to be considered as being part of the claim for spouse maintenance during separation until divorce. If the claim against the other spouse should not be successful, the spouse in need can claim for legal aid from the state. However, the amount of the legal costs that can be claimed is always limited to the statutory legal fees according to the German Lawyers’ Fees Act (Rechtsanwaltsvergütungsgesetz – RVG). The RVG provides for the legal fees to be calculated based on the value of the issue in question, not based on hourly rates, which are widely common in practice. Furthermore, it should be noted that the spouse making the application may have to repay the amount granted to pay his or her legal costs after the proceedings have ended if his/her personal or financial circumstances have changed by then (e.g. due to a successful capital or property claim).

According to section 1569 BGB, in case of a divorce each spouse generally must provide for their own living expenses. Post-divorce maintenance claims are justified only under specific conditions, such as maintenance due to childcare, illness or old age when a spouse is not able to generate enough income to support themselves.

The length of post-divorce spousal maintenance / alimony varies on the individual circumstances of the case. Maintenance can be awarded for an ongoing basis or for a fixed term, the latter however only being the case if it can be reasonably foreseen at the time when the order is made that the applicant spouse will at some point be able to generate enough income to cover his or her own living expenses.

Spousal maintenance is generally based on the marital standard of living, focusing on the financial circumstances during marriage and family income. The general principle when calculating spouse maintenance is that the family income is split half between the spouses, at least up to a certain amount. However, the details of the calculations are complex. Child maintenance amounts are calculated using the so-called ‘Düsseldorfer Tabelle’ (see question 16.). Since the claims are based on statutory provisions, determination of such claims is not to the sole discretion of the court.

If an order regarding property/capital was made by the courts of a member state of the EU Regulation 2016/1103, generally the order is to be recognised in Germany without any special procedure being required, article 36 (1). The foreign order is not to be reviewed as to its substance. However, where there is a particular interest for such confirming order, a party can apply for a formal recognition of the foreign order according to article 36 (2).

According to article 37, a foreign order will not be recognised if such recognition is manifestly contrary to German public policy, or if certain formal requirements in the proceedings leading to the foreign order have not been met, or if the foreign order is irreconcilable with an earlier order granted in a dispute between the same parties in Germany, or if the foreign order is irreconcilable with an earlier order granted in another EU or non-EU country involving the same cause of action and the same parties provided the earlier judgment is to be recognised in Germany.

The German court may stay proceedings for recognition of the foreign order if an ordinary appeal against the foreign order has been lodged.

A foreign order can be be enforced in Germany when, on the application of any interested party, it has been declared enforceable by the German courts, article 42. The parties may appeal against a decision on an application for declaration of enforceability.

Recognition and enforcement of foreign orders of the courts of a member state regarding maintenance are governed by article 23 et seq. EU Regulation 4/2009³. Requirements and process are similar to that as set out above for foreign orders in issues of marital property.

If the foreign order does not originate from the courts of a member state of the relevant EU regulation and there is no specific treaty between Germany and the relevant third country in place, recognition of the foreign orders is likely to be based on sections 108, 109 FamFG. Obstacles to recognition are also examined, on the basis of which the German courts could refuse recognition.

Footnote(s):

³ EU Regulation No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.

If the spouses have divorced outside of Germany, financial claims can still be brought before the German courts if there is no lis pendens or a previous order by a foreign court concerning the same subject matter, and further provided the German courts have jurisdiction based on general statutory principles. In the context of a divorce and related matters, usually at least one of the spouses must be habitually resident in Germany so that German courts have jurisdiction to entertain an application for financial claims related to the divorce.

German law provides for different matrimonial property regimes. If the spouses have not agreed otherwise, their marriage is governed by the statutory matrimonial property regime of the community of accrued gains (‘Zugewinngemeinschaft´). This property regime provides for a complete separation of assets with a compensatory payment for the gain realised during the marriage when the matrimonial property regime is terminated: the spouse who has realised the higher surplus during the marriage is obliged to make a compensatory payment equal to half of the amount of his or her gain insofar as it exceeds the gain of the other spouse. The surplus generated by the spouses is calculated on the basis of the total assets of each spouse at the time of the termination of the marriage, minus the assets of each spouse when entering into the marriage (initial assets), and minus any gifts from third parties and inheritances during the marriage to the respective spouse.

The spouses may deviate from the statutory matrimonial property regime of the community of accrued gains at any time before or during the marriage by means of a notarial deed (prenuptial agreement or marriage contract). They can modify the statutory matrimonial property regime or agree on a completely different property regime like the separation of property (‘Gütertrennung´) or the community of property (‘Gütergemeinschaft´) (see question 9.).

Foreign matrimonial property regimes are recognised in Germany provided the marital property regime of the spouses is governed by the respective foreign law, either by choice of law or in application of the statutory provisions, and provided the regime was validly agreed upon or is the statutory one under the respective foreign law.

According to article 22 EU Regulation 2016/1103, the spouses may choose the law of the country where one or both are habitually resident, or the law of the nationality of one of the spouses. If no choice of law has been made by the spouses, according to article 26 EU Regulation 2016/1103, the law of the country of the first joint habitual residence of the spouses after the marriage, or in the absence of such joint habitual residence the law of the country of the joint nationality of the spouses at the time of the marriage applies. If the spouses do not have a joint nationality, the law of the country most closely connected to the spouses at the time of the marriage applies.

Under German law, spouses are generally free to enter into a pre-nuptial or post-nuptial agreement in order to determine the (financial) consequences of a divorce. However, such pre- or post-nuptial agreement must not be to the clear disadvantage of one of the spouses.

To protect against unfair disadvantage, marriage contracts are subject to special judicial review (‘Inhalts- und Ausübungskontrolle’). The court can render a marriage contract null and void if its content is unfair or unreasonable and if it was not entered into freely and without coercion by the spouses. Even if the marriage contract is not be considered as void the court can amend certain provisions in order to reflect a substantial change in the factual circumstances during the marriage compared to the situation at the time of the marriage.

Any pre-nuptial or post-nuptial agreement must be notarised in the presence of both spouses (article 1410 BGB). The agreement is legally binding (subject to judicial review) but can be amended or supplemented at any time by mutual agreement. This applies to all subject matters, including matrimonial property, spousal maintenance, and pension rights adjustment.

A pre- or postnuptial agreement concluded in a foreign jurisdiction will be recognised as valid under German law if a) it meets the formal requirements of the law of the jurisdiction where it has been entered into and b) the agreement is in line with the law applicable to its substantive contents. There is no difference between a foreign pre- and a postnuptial agreement regarding recognition in Germany. If a marriage contract concluded in a foreign jurisdiction is recognised under German law, its content is decisive, i.e. such marriage contracts usually block the application of the German statutory provisions as far as the matter is addressed in the agreement.

In principle, the legal parents are both responsible for child maintenance. However, when the child is minor, the parent who primarily takes care of the child, i.e. with whom the child lives, is to be considered as contributing to the maintenance by non-financial means, whereas the other spouse is obliged to support the child financially by way of a monthly cash payment. Once the child has turned 18, this rule changes and both parents become responsible for cash paying maintenance, depending on their respective income. The child is then allowed to claim child support from its parents to be paid directly to him/her.

The amount of the so-called basic child maintenance, i.e. maintenance covering the basic living expenses, depends on the age of the child and the income of the person obliged to pay maintenance, since the needs of the child are to be considered as being dependent on the living conditions of the obliged parent. The courts in Germany regularly publish tables of flat-rate child maintenance payments based on the principles set out above (so-called ‘Düsseldorfer Tabelle’). In addition to this basic child maintenance, further maintenance payments may be claimed for special needs (e.g. health insurance or education-related expenses) (so-called ´Mehr- und Sonderbedarf´).

If parenting time is shared equally between the parents (´Wechselmodell´), different rules apply. The parents can also enter into an agreement on the payment of child maintenance. However, by doing so the statutory claims for child maintenance can only be modified but not waived.

Parents must generally pay maintenance until the child reaches majority, but this obligation may extend if the child is in long-term education or studying.

Orders regarding child maintenance are valid indefinitely unless limited in time by agreement or court order and remain in effect until revoked or amended by a subsequent order or agreement.

Under German law, the basic child maintenance (see question 16.) is calculated so as to cover all basic living expenses of the child including housing. Therefore, the courts do not have power to make any further orders for financial provision of the child beyond maintenance. Advance maintenance payments can be made, but only for a period of three months (sections 1614 (2), 760 (2) BGB). There is not option for the court to make an order for a capital sum instead.

Up to this date, unmarried couple relationships are not legally recognised. They cannot be registered either (registered partnerships for same-sex couples no longer exist since same-sex marriage has been established, see question 7.).

As unmarried couple relationships are not legally recognised (see question 18.), there are no specific financial claims unmarried couples have when they separate. Any potential claims are limited to general claims between third parties based in civil law, such as the repayment of a loan or the reclaim of a gift. It is also possible that the couple’s way to organise their financial affairs may lead to contractual obligations between them, such as the foundation of a civil law partnership under German law (´Gesellschaft bürgerlichen Rechts´). However, this will only be the case in very specific circumstances.

The situation is, however, different with regard to common children of an unmarried couple: When one of the partners is the primary caretaker for the child and not able to work (full time) due to childcare commitments, he or she may demand maintenance due to child care from the other parent for a minimum of three years after the child was born (similar to post-divorce maintenance claims of a formerly married spouse taking care of the children after the divorce).

If the parents of a child are married when the child is born, the parents exercise joint custody for the child by law. Joint custody does not terminate if the parents should separate later. Custody may be transferred by way of a court order to one parent (‘sole custody’) only upon application and only in specific circumstances. When the child mainly lives with one parent after separation and irrespective of whether there is joint or sole custody, the other parent has a right of contact, that is to see the child in regular intervals.

If the parents are not married when the child is born, they must submit a joint declaration of custody to the competent authority in order to be able to exercise joint custody. Otherwise, custody is solely with the mother; this would not change automatically if the parents were to marry later.

From a German legal perspective, jurisdiction in matters relating to child living arrangements/ child custody is governed by the Brussels IIb Regulation. Generally, the decisive factor when determining jurisdiction is the child’s habitual residence at the time of the application, article 7. However, in case of relocation of a child, jurisdiction remains with the courts of the place of the former habitual residence for a further three months. In the event of child abduction, jurisdiction remains with the courts of the place of the former habitual residence until a new habitual residence has been established and the parent with custody who is not with the child is aware of the child’s whereabouts and has not objected to the change of residence. Agreements on jurisdiction are possible under Brussels IIb Regulation subject to certain conditions, article 10.

If the provisions of the Brussels IIb Regulation are not applicable and if there is no specific treaty with the relevant third party state in place, German international law is to be applied in order to determine jurisdiction.

Divorce generally does not affect joint child custody (see question 20.). The parent who is not the primary caretaker of the child after the breakdown of the relationship remains a right of contact, irrespective whether the couple was married or not. The court can make an order on child custody in general, or only on specific aspects of child custody (such as the child’s primary place of residence), or only on a specific situation such as the child’s school or a specific medical treatment, depending on the issue in dispute between the parents. The guiding principle for any decision of the court is the child´s best interest. The older the child is, the more relevant is the child´s own opinion. The child will be interviewed by the court as soon as the child is considered to be able to express his/her own wishes. To safeguard the child’s best interest, a procedural representative will be appointed for any minor child (usually a legally qualified person who independently represents the interests of the child in the court proceedings). Further, the youth welfare office will also be involved in order to find an amicable solution and mediate between the parents where possible. Often, the court would follow the recommendation of the youth welfare office on the issue in question (e.g. the child´s living arrangements) when making the order.

The right to determine the child’s primary place of residence derives from the right of custody. If parents have joint custody, they must decide on the child’s primary place of residence by mutual agreement. If no agreement can be reached, the parent who wants to relocate with the child (inside or outside Germany) must make an application to the court.

The court must decide on the basis of the child’s best interest and take into account all factors of the child’s (social) life as well as other relevant circumstances (e.g. the reasons for the desired move). If the child has a very close bond with the other parent or other family members or friends or other material social connections, and it is likely that the child will suffer more from being away from his former living environment than it will benefit from the relocation, this could be a reason to reject the application. Of course, the age of the child and his/her own wishes regarding relocation are also to be considered. The greater the distance between the former place of residence and the place of the planned relocation, the stricter the court’s examination will be. This is even more the case when the child is about to relocate abroad outside Germany.

If the foreign order for custody was made by the courts of a member state of the Brussels IIb Regulation, the order is to be recognised in Germany without any special procedure being required, article 30 (1). However, a parent may, where there is a particular interest, apply for a specific declaration of the German courts that a foreign order is or is not to be recognised based on the grounds set out in article 39.

Foreign orders for contact (including orders for the return of a child) are so-called privileged decisions under the Brussels IIb Regulation. Privileged decisions are also to be recognised in Germany without any special procedure being required, article 43 (1). As a special rule, recognition and enforcement of privileged decisions can only be refused due to incompatibility with a later decision of the enforcing member state or a later decision of a third country that is eligible for recognition in this member state, article 50.

For recognition and enforcement, certificates prescribed by the Brussels IIb Regulation are to be issued – usually by the courts having made the original order – and presented in the country in which the order is to be recognised or enforced.

If the order was not made by a court of a member state of the Brussels IIb Regulation and there is no specific treaty between Germany and the relevant third party state in place, recognition of a foreign court order for custody and contact is governed by sections 108, 109 FamFG; enforcement follows the rules of German national law.

The Hague Convention on the Civil Aspects of International Child Abduction applies in Germany since 1 December 1990. When the conditions set out in the Hague Convention are met, the wronged custodian can request the child’s return.

German courts consider return applications if the child is currently in Germany following an alleged abduction. If a child is taken unlawfully from Germany, return proceedings can be initiated by submitting an application to the Federal Office of Justice. Conversely, if a child has been abducted to Germany, the parent remaining abroad may contact the relevant authorities in the relevant foreign jurisdiction, the German central authority or apply directly to the competent German family court. Applicants can act independently, alongside or instead of the central authority, and may approach courts or administrative bodies directly, with or without legal representation.

Abduction seriously breaches custody and access rights and is a criminal offense under section 235 of the German Criminal Code (Strafgesetzbuch – StGB), punishable by fines or up to five years imprisonment.

Surrogacy is generally not permitted in Germany, as is the case in most European countries. The same applies to egg donation.

However, if a child has been born by a surrogate mother in a foreign country where this is legal, and a court decision on the parenthood of the intended parents has been made in the foreign jurisdiction, and one parent is genetically related to the child, the decision of the foreign court is likely to be recognised in Germany. In such cases, parenthood on the basis of surrogacy does not necessarily violate German public policy, as the Federal Court of Justice (BGH) has ruled in its landmark decision in 2014. As is the case with other child related matters, the decisive factor under German law is the best interest of the child when establishing parenthood.

In Germany, adoption is generally open to all individuals and children; however, only married couples may adopt jointly. Adopting one’s own biological child is excluded, as it provides no legal benefit. Adults can also be adopted. Adoption is allowed regardless of the spouses’ gender. Since the introduction of ‘marriage for all’ (see question 7.), same-sex married couples have been permitted to adopt children jointly.

Unmarried couples cannot adopt jointly; however, one partner may adopt alone and the other later via stepchild adoption. Single individuals may adopt, and in exceptional cases, a married person may adopt alone (e.g. if the spouse is incapacitated or under 21).

Prospective adoptive parents must be at least 25 years old. While no maximum age limit exists, the parent’s age is considered in assessing the child’s best interests and the potential parent-child relationship. Adoption is granted by order of the family court.

According to article 22 (1) EGBGB, German law applies to all adoptions within Germany.

When it comes to separation and divorce, the spouses may submit a specific dispute to mediation or arbitration. They are often invited by the court to do so when financial claims (e.g. maintenance, property/capital) are involved. However, the divorce order itself must always be made by a state court so that any form of non-court dispute resolution can only be of ancillary nature. Further, the powers of an arbitration court are limited, especially when it comes to child-related matters or the adjustment of pension rights (‘Versorgungsausgleich’). This is the reason why arbitration in practice is not very common in Germany in the contact of separation and divorce. Mediation is done quite frequently, as – if successful – it is much faster and more cost effective than fighting in the courts. However, no orders can be made in mediation, so that the parties must find an amicable solution.

Non-court dispute resolution is not mandatory, but court mediation is also available. Successful resolution of a dispute via NCDR usually leads to a legally binding notarial deed or court settlement.

As of May 1, 2025, the law regarding names was reformed: The new law allows to combine the (future) spouse´s surnames with or without hyphens and offers more flexibility after separation or divorce. Further, the requirement for the person to be adopted to change his or her former birth name following an adult adoption has been waived.

As of June 1, 2025, maternity protection was reformed: women experiencing a miscarriage from the 13th week onwards are entitled to staggered maternity leave for recovery. Previously, protection only applied from the 24th week of pregnancy or when the fetus weighed at least 500 grams. The later the miscarriage occurs, the longer the leave, unless the woman agrees to continue working.

Further, the new government’s coalition agreement announced in autumn 2024 prioritises child welfare in family law:

Parenthood law reforms are proposed to allow women in same-sex marriages to have their partner recognised as a parent from birth, eliminating the need for stepchild adoption. Currently, only the birth mother is recognized, and her partner must adopt the child.

Protection against domestic violence threatening child welfare will is proposed to be strengthened in custody and visitation rights.

Maintenance law is also set for closer integration with tax and social security, including stricter enforcement measures such as year-round information requirements for paying spouse or driving license withdrawal.

Family proceedings are generally not open to the public and conducted in private to protect the privacy of the parties involved. The press is not permitted to attend, and access of any third party is only allowed with the consent of all parties involved.

Under section 173 (1) of the Judicature Act (‘Gerichtsverfassungsgesetz – GVG’), judgments in matrimonial and family matters must be pronounced publicly. However, this only applies to the formal decision (e.g. the divorce decree), not to the details of the case.

Family court decisions are generally not made public. Only when the content is of relevance for the development of the law, cases are published in the judicial databases. However, this is done in anonymised form, with no names shown to protect the privacy of the parties involved.

Upon divorce, a spouse loses all inheritance rights concerning the estate of the deceased former spouse, including his or her entitlement to the compulsory portion (‘Pflichtteil’) and the spousal advance (‘Ehegattenvoraus’). This also applies if, at the time of death, the legal requirements for divorce were met (especially with respect to the separation year, see question 4.) and the deceased spouse has either filed for divorce or has consented to the divorce application of the surviving spouse.

Joint testamentary dispositions of the spouses are also considered to become invalid upon divorce. Any exception to this is made only if the testator clearly intended the relevant testamentary dispositions to remain valid despite the divorce; the burden of proof for such intent lies with the surviving divorced spouse.