If a marriage has failed and the parties express the desire not to continue it, the so-called year of separation must first take place. This regulation is mandated by law and serves the purpose of allowing both spouses to clarify whether they truly no longer wish to continue the marriage.
We are often asked: Can the year of separation be bypassed? The answer is a clear: No. Even in the case of a short marriage, the year of separation, as stipulated in § 1565 para. 2 of the German Civil Code (BGB), cannot be shortened. The legislator requires proof of a permanent, not merely temporary, intention to separate as evidence of the marriage's failure. Incidentally, physical separation means 'separation from bed and board,' which implies maintaining separate households – however, this can initially still occur within the same dwelling.
Individuals seeking a divorce often use the year of separation to already clarify subsequent matters such as maintenance arrangements or visitation rights. This can potentially shorten the subsequent divorce proceedings.
Given the far-reaching consequences of decisions made during a separation or divorce, legal advice is indispensable at this stage. We are happy to support you as your family law attorney.
