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Find a Lawyer in AurichAbout Divorce & Separation Law in Aurich, Germany
This guide summarizes the practical legal framework for divorce and separation for people living in Aurich, Lower Saxony, Germany. Family law in Germany is largely national law, so the substantive rules you will face are the same across the country. Practical handling, filings and hearings, however, take place at your local family court - usually the Familiengericht at the Amtsgericht in Aurich. The key stages include separation, filing for divorce, financial and pension settlements, child custody and support, and any necessary court hearings. Many matters can be settled by agreement, while contested issues are decided by the family court.
Why You May Need a Lawyer
Divorce and separation involve legal, financial and personal issues that often intersect. You may need a lawyer when:
- You or your spouse disagree about divorce timing, custody, visitation or support.
- You need help calculating or claiming maintenance during separation and after divorce, or child support based on the income tables commonly used in Germany.
- There are complex financial issues like business ownership, real estate, foreign assets or a marital property regime other than the default.
- Pension rights equalization needs to be addressed, or you want to agree on excluding or altering the default pension-splitting rules.
- You have concerns about immigration status, domestic violence, or immediate safety of you or your children.
- You want professional negotiation or mediation to reach a binding settlement without prolonged court proceedings.
In practice, a lawyer is usually required to submit a divorce petition to the family court. Even when not strictly required for every procedural step, having legal advice helps protect your rights and ensures correct handling of documents, deadlines and applications for legal aid.
Local Laws Overview
Key legal points to know for Aurich residents follow German family law principles and local court procedure:
- Separation and divorce timing - To obtain a divorce you normally must be separated for at least one year. If both spouses agree to the divorce, a one-year separation period is typical. If one spouse objects, a three-year separation period generally leads to a legally granted divorce. In exceptional hardship cases the court can shorten the period.
- Filing and court - Divorce proceedings are handled by the Familiengericht at the local Amtsgericht. The petition is prepared and filed by a lawyer. Courts encourage settlement, but will decide contested matters if necessary.
- Matrimonial property regimes - The default regime is Zugewinngemeinschaft - community of accrued gains. This means assets acquired during marriage are equalized on divorce unless a prenuptial or postnuptial agreement states otherwise. Options include Gütertrennung - separation of property, or Gütergemeinschaft - community of property, but these require a notarial contract.
- Pension rights - Versorgungsausgleich is the statutory equalization of pension rights acquired during marriage. It is calculated and implemented as part of divorce proceedings unless the spouses validly agree to exclude it under allowed conditions.
- Maintenance - There are different forms of support: Trennungsunterhalt - maintenance during the separation period, Ehegattenunterhalt - spousal maintenance after divorce where applicable, and Kindesunterhalt - child support. Child support is typically calculated with reference to the Düsseldorfer Tabelle and adjusted to local incomes and needs.
- Custody and contact - Parental responsibility is called elterliche Sorge. After divorce parents often retain joint custody unless the court decides joint custody is not in the childs best interest. The child usually lives with one parent while the other has a right to visitation and contact. The Jugendamt (youth welfare office) in Aurich can assist with counseling and enforcement of access rights.
- Legal aid - If you cannot afford a lawyer or court costs, you may apply for Beratungshilfe for legal consultations and for Prozesskostenhilfe to cover court representation costs. Eligibility is income and asset dependent and is assessed by the court or legal aid office.
- Mediation and counseling - Family mediation and advisory services are readily available. Courts often expect parties to consider mediation for custody and financial disputes before a full trial.
- International aspects - If one spouse or child is from another country, EU and international rules on jurisdiction, child abduction and recognition of judgments may apply. These can affect where to file and how orders are enforced.
Frequently Asked Questions
How do I start the divorce process in Aurich?
You typically start by consulting a lawyer who prepares and files a divorce petition with the Familiengericht at the Amtsgericht Aurich. The lawyer will explain required documents, the separation period, and options for settlement or court proceedings.
Do we have to live separately to be divorced?
Yes. German law requires a separation period. If both spouses agree to the divorce, separation for one year is normally sufficient. If one spouse refuses, three years of separation usually leads to a divorce. Separation means living apart with the intention to end the marriage, though short periods of reconciliation do not necessarily reset the clock.
Can I get financial support during the separation?
Yes. During separation you can claim Trennungsunterhalt - support from your spouse if you cannot support yourself adequately. The amount depends on income, living costs and care responsibilities. A lawyer can help calculate likely support levels and prepare the claim.
How is child support decided if we live in Aurich?
Child support is typically calculated using the Düsseldorfer Tabelle as a guideline, which relates the paying parents income to a standard obligation after deductions. The Familiengericht or an agreement between the parents will set the amount. The Jugendamt can also help calculate and enforce support.
Who decides child custody and contact arrangements?
If parents agree, their agreement can be made binding by the court. If they disagree, the Familiengericht decides based on the childs welfare. The court may involve the Jugendamt or an expert to assess the childs needs and family situation. Courts prefer joint parental responsibility where possible.
What happens to our home and property?
Property division depends on the matrimonial property regime. Under the default Zugewinngemeinschaft, increases in value acquired during the marriage are equalized. Real estate, business assets and shared accounts require valuation and possibly sale or transfer. A lawyer and, if needed, a notary can advise on legal steps and contracts.
Will my pension be affected by divorce?
Yes. Pension rights acquired during marriage are normally equalized through the Versorgungsausgleich. The court calculates the amounts to be transferred or compensated. There are options to exclude or alter this equalization under specific conditions, but these require careful legal handling.
Can we use mediation instead of going to court in Aurich?
Yes. Mediation is commonly used and encouraged to resolve custody, support and property disputes. A mediated settlement can be made binding by the court. Mediation can be faster, less adversarial and often less expensive than a contested trial.
What if I cannot afford a lawyer or court costs?
You can apply for Beratungshilfe for an initial legal consultation and for Prozesskostenhilfe for court costs and representation. The court or legal aid office assesses your income and assets. If approved, costs are covered in whole or in part. Ask your lawyer or the court clerk in Aurich for details on applying.
How does divorce affect a non-German spouse or their residence permit?
A divorce can affect a spouses immigration status if their permit was based on the marriage. You should consult both a family lawyer and, if needed, an immigration lawyer or the local Ausländerbehörde to understand consequences and options for remaining in Germany.
Additional Resources
Amtsgericht Aurich - Familiengericht for filings and court information.
Jugendamt Aurich - youth welfare office for custody, visitation assistance and child protection concerns.
Caritas and Diakonie local branches - offer counseling, mediation and social support services.
Family counseling centers in Aurich - provide mediation, parenting support and advice on family law options.
Rechtsanwaltskammer for the regional bar - directory of qualified family lawyers if you need specialist representation.
Niedersächsisches Justizministerium and federal ministries - sources for official explanations of family law and court procedure.
Information on child support calculations - the Düsseldorfer Tabelle is the commonly used guideline for child maintenance levels in Germany.
Next Steps
If you are facing separation or considering divorce in Aurich, take these practical steps:
- Get an initial consultation with a family lawyer to review your situation, rights and obligations. Ask about likely timelines, costs and possible outcomes.
- Gather key documents - marriage certificate, birth certificates for children, evidence of income, bank statements, property and pension information, and any prenuptial agreements.
- If safety is a concern, contact the police, Jugendamt or a local counseling organization immediately to get protection and support.
- Consider mediation or family counseling to try to reach an agreement on custody, support and property before filing formal court proceedings.
- If you cannot afford a lawyer, ask about Beratungshilfe and Prozesskostenhilfe at the Amtsgericht or from a lawyer who can help you apply.
- If one or both of you have international connections, seek advice on jurisdiction, recognition of foreign documents and immigration consequences early.
These steps will help protect your legal position and reduce uncertainty during a difficult time. A local family lawyer will help you apply these general principles to your specific case in Aurich.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.