The divorce hearing: how it runs in court

What happens at the divorce hearing?

The divorce is pronounced by a court order. That order is preceded by an oral divorce hearing: an appointment before the Familiengericht (family court), which sits within the local court.

The hearing has a fixed purpose. The court satisfies itself that the conditions for the divorce are met, as a rule settles the Versorgungsausgleich (pension rights adjustment) and then pronounces the divorce. In an amicable divorce that is a manageable procedure without the taking of evidence.

Appearing in person and being heard

Both spouses must appear in person at the hearing. The court hears you personally (§ 128 FamFG) in order to form a direct impression rather than merely taking note of the lawyers’ pleadings.

Typically the court asks a few fixed questions: since when you have lived apart, whether the Trennungsjahr (year of separation) has run, and whether both of you genuinely want the divorce. With that the court examines the failure of the marriage (§ 1565 BGB). In an amicable case it is not about fault or the reasons for the separation; the court does not have to investigate them.

Each spouse gives their answers for themselves. It is enough to describe calmly and truthfully what the actual situation looks like.

Mandatory representation: who needs a lawyer

Before the Familiengericht (family court), representation by a lawyer is mandatory (§ 114 FamFG). Only someone represented by a lawyer can file the Scheidungsantrag (divorce application); the applying side therefore needs a lawyer in every case.

In an amicable divorce, by contrast, the consenting spouse does not have to bring a lawyer of their own. They simply consent to the application at the hearing. That saves the cost of a second representation; it does presuppose, though, that there genuinely is agreement and that no applications of one’s own are to be made against the other side.

The pension rights adjustment at the same hearing

As a rule the court decides at the divorce hearing on the Versorgungsausgleich (pension rights adjustment) as well, the division of the pension entitlements acquired during the marriage. It is in principle carried out by the court of its own motion and is therefore part of the proceedings.

The condition is that the information from the pension providers is available. Exactly that often determines when the hearing can be set at all, and it is therefore the most frequent reason why a divorce hearing is postponed. How the pension rights adjustment runs in detail and where you can influence the pace is set out on the relevant page; how it affects the overall duration is calculated by how long does a divorce take?.

What do I have to bring to the divorce hearing?

The hearing is not public: in family matters the public is excluded (§ 170 GVG). In the room there are in principle only you, your respective lawyer and the court. In an amicable divorce the hearing is often short.

• A valid identity card or passport; the court uses it to check your identity.
• Where requested: the marriage certificate or further documents.
• Punctual arrival; plan for a little time buffer.
• Where there are language difficulties: arrange an interpreter in good time.

From the order to a final decision

At the end of the hearing the court pronounces the divorce by order. Whether the divorce takes effect immediately depends on one last step.

Where both spouses waive their right of appeal at the hearing, the order becomes final at once. The waiver is subject to mandatory legal representation § 114 (1) FamFG, because the list of exceptions in § 114 (4) FamFG covers only consent to the divorce. Where one side sits in the courtroom without its own lawyer, a one-month appeal period therefore begins; only once it has run does the divorce become final. With that finality the proceedings are concluded: from that moment you count as divorced.

After that, a few things remain to be settled that nobody thinks of at the hearing: tax class and assessment, the use of your name as well as your will, powers of attorney and beneficiary designations. What is specifically due is set out at the end of how does a divorce work?.

What comes before the hearing

The hearing itself is short; the decisions are mostly taken before it. Whether you experience it as proceedings by agreement or as contested ones depends on what was settled beforehand; on that, amicable divorce and, where you do not come to terms, contested divorce. Whether both of you really need representation of your own is clarified by divorce without a lawyer?.