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The divorce hearing: how it runs in court
The appointment most people approach with the greatest respect, and the one that in practice runs shorter and more matter-of-factly than feared. What the court asks, who has to appear and when the divorce takes effect.
Karcher Rechtsanwälte in Frankfurt am Main, Germany, focusing on uncontested divorce and international family law. Advice in German, English and Spanish.
Part of our guide How does a divorce work?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 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 pension rights adjustment and then pronounces the divorce. In an amicable divorce that is a manageable procedure without the taking of evidence.
The divorce hearing is the formal end point of the proceedings: not an argument, but a matter-of-fact hearing with a clear course.
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 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 family court, representation by a lawyer is mandatory (§ 114 FamFG). Only someone represented by a lawyer can file the 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 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, if need be through their lawyers, the order becomes final at once. Where one side does not waive it, a one-month appeal period 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?.
How formal the hearing is and how much time is set aside for it differs from court to court. We prepare you for the court that is handling your case.
Attorney at law · focus on family law
Admitted since 2010, more than fifteen years of experience in advising and representation. The contact for new instructions at Karcher Rechtsanwälte in Frankfurt-Gallus.
Legal notice: This article is provided for general information and does not replace legal advice in an individual case. Any laws, deadlines and amounts mentioned reflect the state of affairs at the time of publication and may change. A binding assessment requires a personal consultation.