Spouse living abroad: how the divorce works in Germany

Can you get divorced in Germany if your spouse lives abroad?

You can get divorced in Germany even if your spouse lives abroad, as long as a German court has jurisdiction. That is the case, for example, if you both last lived in Germany and you still live here. It is also enough if you have lived in Germany for at least one year, or for at least six months if you are a German citizen Art. 3 (a) Regulation (EU) 2019/1111.

Within Germany, the court with local jurisdiction is usually the Familiengericht (family court) where you live § 122 FamFG. Courts in the other country may have jurisdiction as well. In that case, Two possible countries: where should we file for divorce? explains what matters.

Does the year of separation apply if you live in different countries?

If German law governs the divorce, the Trennungsjahr (year of separation) applies even when you live in different countries. You are separated when you no longer share a household and at least one of you clearly does not want to restore it § 1567 (1) BGB. Which law applies is explained in Under which law are we divorced: German or foreign?

Living in separate places is not enough on its own. If one of you lives abroad for work and you carry on the marriage, you are not separated. The Trennungsjahr (year of separation) only begins when one of you clearly ends the marriage, for example in a letter or a message. Keep that message, because it will later prove when the year began. More on this in Year of separation: when can you file for divorce?

How the divorce petition reaches your spouse abroad

The court serves the Scheidungsantrag (divorce petition) itself, and service abroad takes longer. Within the EU, the Service Regulation applies Regulation (EU) 2020/1784. Under it, your spouse may refuse to accept the petition unless it is written in, or translated into, a language they understand or an official language of the place of service. Having it translated early therefore saves time.

Outside the EU, service runs through international conventions or diplomatic channels and can take months. The court can then order your spouse to name a person in Germany who will receive any further documents § 184 ZPO. How this affects the timeline is covered in How long does a divorce take?

What speeds up service most is a complete, up-to-date address. If your spouse agrees to the divorce and has hired a lawyer in Germany, the petition can also be served on that lawyer.

What if you do not know the address?

When you do not know where your spouse lives, service by public notice (öffentliche Zustellung) is an option § 185 ZPO. It requires that your spouse’s whereabouts are not just unknown to you but cannot be traced with reasonable effort. Public notice is also possible when service abroad cannot be carried out or has no prospect of success.

The court will want evidence of your search. Request the last address from the residents’ register (Melderegister), and ask relatives, acquaintances and the last employer. Keep a written record of every inquiry and every reply. Once the court approves service by public notice, it posts a notice, and the petition counts as served one month later § 188 ZPO.

Without sufficient inquiries, the service can be challenged later. Being thorough at this stage therefore protects the divorce itself.

Does your spouse have to cooperate?

Your spouse does not have to cooperate in the proceedings. Only the side that files the petition needs a lawyer § 114 FamFG. If your spouse does not respond, the court still decides the case on its merits. A default decision against them is not allowed in divorce matters § 130 (2) FamFG.

Without your spouse’s consent, however, the court must be satisfied after the Trennungsjahr (year of separation) that the marriage has failed § 1565 (1) BGB. After three years of separation, this is irrebuttably presumed § 1566 (2) BGB. The court also settles the Versorgungsausgleich (pension rights adjustment) without the other side’s cooperation, by writing directly to the pension providers § 220 FamFG. If your spouse has pension entitlements abroad, Pension earned abroad: what happens in the pension adjustment explains what becomes of them.

How the hearing works if the other side does not travel

The court is meant to hear both spouses in person, even if one of them lives far away § 128 (1) FamFG. If the journey cannot reasonably be expected of that spouse because of the distance, the court can ask another court to hear them § 128 (3) FamFG. The court can also allow them to take part by video § 128a ZPO. A video link from another EU country is usually possible without judicial assistance. Courts are more reluctant with countries outside the EU, because a link from there may require the consent of the country where your spouse lives.

If your spouse does not appear, the court can still decide. You should attend the hearing yourself. What happens there is described in The divorce hearing: how it runs in court.

If your spouse does not speak German

Even if your spouse does not speak German, the court conducts the proceedings in German § 184 GVG. For the hearing, the court brings in an interpreter if anyone involved does not have a command of German § 185 (1) GVG. Where everyone involved speaks the foreign language, the court can do without an interpreter § 185 (2) GVG.

The interpreter’s fees are part of the court costs, which in a divorce are usually split equally between both sides § 150 (1) FamFG. You submit foreign documents such as the marriage certificate with a certified translation. We advise you in German, English or Spanish. The written submissions to the court are in German, and we explain to you what they say.

Is the German divorce recognized in the other country?

Within the EU, a German divorce is recognized in all other member states except Denmark, without any special procedure Art. 30 Regulation (EU) 2019/1111. On request, the court issues a certificate for this purpose, which can be presented to the authorities in the other member state. Outside the EU, recognition depends on the law of the other country. We do not assess that ourselves; it takes advice from colleagues on the ground.

What you can prepare

Bring the following to the first consultation:

• the last known address and everything you know about your spouse’s whereabouts,
• the date of the separation and proof of it, such as the message in which one of you ended the marriage,
• the marriage certificate, with a translation if it is a foreign one,
• details of both sides’ pensions and assets, as far as you know them.

The first consultation costs up to €190 plus VAT, at most €226.10 in total. If we take on your case, this fee does not apply. What the proceedings cost is set out under Costs. Our page on international family law describes the framework for cases with a cross-border element.