Apply for divorce

• Anwaltszwang (mandatory legal representation) Divorce proceedings require mandatory legal representation, i.e. you must be represented by a lawyer in the divorce proceedings and must also submit your divorce petition to the court through a lawyer. If you do not wish to file any applications of your own as part of the divorce proceedings, you can consent to the other spouse's divorce petition without engaging a lawyer. • Scheitern der Ehe (breakdown of the marriage) The marriage is deemed to have broken down when the spouses' shared life together no longer exists and it cannot be expected that the spouses will restore it. This is irrefutably presumed if the spouses have lived separately for one year and both spouses apply for divorce, or the other spouse consents to the divorce, or the spouses have lived separately for at least three years. If the spouses have lived separately for less than three years and the other spouse does not consent to the divorce, the spouse filing the petition must present and prove that the marriage has broken down. Furthermore, the court can grant a divorce regardless of the length of separation if continuing the marriage would constitute unreasonable hardship for the petitioning spouse for reasons relating to the other spouse.

• Application document The divorce application (Scheidungsantrag) must be filed with the court by a lawyer (Rechtsanwalt or Rechtsanwältin). • Marriage certificate, birth certificate, further documents Please seek legal advice on which documents your lawyer will need from you. As a rule, the following must be submitted: • Your photo ID • the marriage certificate in the original or as a certified copy • the birth certificates of your minor children in the original or as certified copies

• 3,000.00 euros: minimum amount for the Streitwert (value in dispute) Court and attorney fees are based on the Verfahrenswert (value of proceedings) set by the court. How high this is depends essentially on the assets and income of the spouses. In addition to the assets, the calculation is based on, among other things, the net income from three months. The law firm usually presents you with the final invoice when it sends you the Scheidungsbeschluss (divorce decree). However, you can also apply for Verfahrenskostenhilfe (legal aid for court proceedings) (see the "Further information" section) if you are financially unable to pay the costs of the proceedings.

• Bürgerliches Gesetzbuch (BGB, Civil Code), Book Four, §§ 1564 et seq. - Divorce of marriage www.gesetze-im-internet.de/bgb/BJNR001950896.html#BJNR001950 • Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) §§ 133 et seq. - Proceedings in divorce matters and related matters www.gesetze-im-internet.de/famfg/BJNR258700008.html#BJNR2587 • Act on Court Costs in Family Matters (FamGKG) § 43 www.gesetze-im-internet.de/famgkg/__43.html

• Apply for Prozesskostenhilfe and Verfahrenskostenhilfe (legal aid for litigation and proceedings) service.berlin.de/dienstleistung/327008/

The divorce proceedings are conducted at one of the four Berlin family courts (Familiengerichte). Your lawyer, who files the divorce application (Scheidungsantrag) on your behalf, will inform you of the details.