Divorce in Germany for Foreigners

Divorce in Germany is available to foreign nationals, including citizens of Ukraine, if at least one of the spouses habitually resides in Germany. A marriage is dissolved only by the family court (Familiengericht), and the application is filed by a lawyer: without one, the person initiating the proceedings cannot apply to the court. A mandatory requirement is one year of living separately.

The divorce itself usually does not result in the loss of a residence permit if the status was obtained on the basis of temporary protection, employment, or studies. There is a risk for those whose residence permit was issued for family reunification with a spouse and whose marriage lasted less than three years. Our experience shows that citizens of Ukraine most often lose time not in court, but in preparing documents from Ukraine.

Divorce in Germany for Ukrainians — general conditions and rules

A German court does not examine which country the applicant is a citizen of. It hears the case if the citizen or their spouse has their habitual place of residence in Germany. Which law applies is determined by the EU Rome III Regulation. If both spouses live in the country, German family law generally applies. If the spouses are citizens of different states, we analyse in advance which country’s law it is more advantageous to choose by agreement of the parties.

The basic conditions for divorce are as follows:

1. the marriage is deemed to have broken down if the spouses do not maintain a joint household and do not intend to resume it;
2. one year of living separately where there is mutual consent;
3. three years of living separately if the other spouse objects;
4. a lawyer is mandatory for the person filing the application.

Spouses may live separately even in the same apartment if they maintain separate households.

Together with the divorce, the court carries out the equalisation of pension rights (Versorgungsausgleich). If the marriage lasted less than three years, this is done only upon application by a party. Maintenance and property are considered upon motion; otherwise, these issues remain open even after the divorce. By default, joint children remain under the joint parental custody of both parents.

How to get divorced in Germany — is a court procedure mandatory

Yes, there is no other way. Unlike in Ukraine, where a childless couple may formalise a divorce at the civil registry office, here a marriage is dissolved only by a court. The other spouse may consent to the divorce without their own lawyer, which reduces the family’s costs.

How to get divorced quickly in Germany — minimum timeframes and conditions

The fastest option is a consensual divorce after one year of living separately. In this case, the decision is usually issued several months after the application is filed. A divorce before one year is permitted only in exceptional cases, for example in cases of violence.

For citizens who wish to speed up the process, three things matter in our practice:

1. issues concerning children and property agreed in advance;
2. a complete set of translated documents;
3. pension rights questionnaires completed in good time.

If even one of these items is missing, the court adjourns the hearing and the timeframes are extended.

Divorce in Germany for refugees from Ukraine — specific features

Divorce for persons with temporary protection follows the same rules as for other foreign nationals. Jurisdiction is determined by actual residence, so temporary protection status under § 24 does not prevent this. Difficulties arise with Ukrainian documents: the court accepts them only with an apostille and a translation. If the other spouse has remained in Ukraine or lives abroad, divorce in Germany is still possible: the court will serve the documents through official channels, although this will add time.

How refugees from Ukraine can get divorced in Germany — step-by-step procedure

If you are looking for how Ukrainians can get divorced in Germany, the procedure is as follows:

1. Record the date on which living separately began.
2. Collect and legalise documents from Ukraine.
3. Find a family law lawyer.
4. File the application through a lawyer with the court at the place of residence.
5. Attend the hearing and obtain the decision.

For a German divorce to be effective at home as well, the decision must be apostilled, translated, and recognised under the rules of Ukrainian procedural law. Without this, citizens of Ukraine formally remain married according to the Ukrainian registers.

Is it possible to get divorced in Ukraine while living in Germany — an alternative option

Yes, and we hear this question constantly. Through the courts, this is possible without travelling: the interests of the citizen are represented by a lawyer under a power of attorney, which can be executed before a German notary with an apostille or at a consulate.

This option is convenient if both spouses are citizens of Ukraine and the marriage was registered there. Our experience shows that, where the parties consent, a Ukrainian divorce is often faster than a German one, since one year of living separately is not required.

How to file for divorce in Germany — documents and procedure

In answering how to file for divorce in Germany, we start with the main point: you cannot file the application yourself. It is prepared and signed by a lawyer admitted to practise in the country.

Documents for divorce in Germany — what Ukrainians need to prepare

For citizens of Ukraine, the basic set is as follows:

1. a marriage certificate with an apostille and a sworn translation;
2. children’s birth certificates;
3. passports and a certificate of registration at the place of residence (Meldebescheinigung);
4. information on income for calculating court costs;
5. proof of the date on which living separately began.

An apostille on Ukrainian documents can be obtained only in Ukraine. If you are abroad, this is done by a representative under a power of attorney. A citizen with a low income may file an application for assistance with the costs of the proceedings (Verfahrenskostenhilfe).

How to file for divorce in Germany through a lawyer — stages and timeframes

Citizens who are finding out how to file for divorce in Germany should understand the stages:

1. the lawyer files the petition and documents with the court;
2. the court sends a copy to the other spouse;
3. the parties complete questionnaires on pension rights;
4. a hearing is held with the spouses attending in person;
5. the judgment becomes final after one month if it is not appealed.

Overall, a divorce takes from several months to a year. Our analysis shows that a case is delayed the longest when one spouse lives in Ukraine and does not respond to the court’s requests.

Is a residence permit revoked upon divorce in Germany — legal consequences

Many citizens first ask whether a residence permit is revoked upon divorce in Germany. The answer depends on the ground on which the residence permit was issued.

Residence permit upon divorce in Germany — when status is at risk

Upon divorce, a permit issued for family reunification with a spouse is at risk. An independent right of residence under Section 31 of the Residence Act arises if the marriage in the country lasted at least three years. Without this period, a residence permit is retained only in special circumstances, for example in cases of domestic violence.

The status of citizens of Ukraine under temporary protection does not depend on marriage. It has been extended until 4 March 2028, and divorce does not affect it.

How Ukrainians can divorce abroad and retain the right of residence

To avoid losing status, we advise:

1. before filing a petition, check the ground of your residence permit;
2. prepare in advance your own ground for residence, for example employment;
3. notify the foreigners’ authority of the change in marital status;
4. do not leave the country for a long period during the proceedings.

In our experience, a citizen who has planned a change of ground before the divorce retains status without interruption.

Divorce in Germany with the assistance of International Law Firm "Zahist" — legal support

Divorce in Germany for citizens of Ukraine is a real and manageable procedure. Citizens who came to us after attempting to handle the matter themselves most often ran into incomplete documents and issues concerning the residence permit.

Specialists of International Law Firm "Zahist" help to:

1. obtain and legalize documents in Ukraine;
2. select a German lawyer and support the proceedings;
3. have the judgment recognized in Ukraine;
4. retain the residence permit after divorce.

Contact us for a consultation in order to go through the divorce without unnecessary loss of time.