Divorce without a lawyer: or is one enough for both?

Entirely without a lawyer? Not in Germany

Every divorce runs through the family court, a division of the local court. A purely administrative or self-filed divorce, as some countries know it, is not provided for in German law.

Before the family court, representation by a lawyer is mandatory (§ 114 FamFG): whoever files the divorce application must be represented by a lawyer. Without that application the proceedings do not get going. Entirely without a lawyer is therefore not possible; another route is.

What “without a lawyer” really means: one instead of two

The promise of a “divorce without a lawyer” has a kernel of truth but is misleading. In an amicable divorce only the applying side has to be represented by a lawyer.

The other spouse merely consents to the application and needs no lawyer of their own for that (§ 114 (4) no. 3 FamFG). That creates the impression that one side is divorced “without a lawyer”. All that is correct is that the divorce manages with only one lawyer.

A “joint lawyer”? There is no such thing

Here lies the most important error of reasoning. One lawyer may not represent both spouses at the same time; the conflict of interest forbids it. Only the applying side is represented; the consenting side receives no advice of its own from that lawyer.

A “joint lawyer” in the literal sense therefore does not exist. What is always meant is the lawyer of one spouse, to whose application the other merely consents.

When a single lawyer is enough

The condition is genuine agreement: on the divorce and on the essential consequences. The court carries out the pension rights adjustment of its own motion in any case; nobody has to argue about that (§ 137 FamFG). Where maintenance, assets and custody remain undisputed or are settled in advance, the route with one lawyer carries without difficulty.

As soon as one of those consequences is disputed, the situation tips. Each side then needs representation of its own, because the one lawyer pursues only the interests of their own client.

What you save with only one lawyer

The saving lies solely in the lawyers’ fees: they arise only once, whereas separate representation would produce two sets of fees. The court costs, by contrast, follow the value in dispute (§ 43 FamGKG) and stay the same whether one or two lawyers are involved.

An example makes that tangible: at a value in dispute of € 6,000 one lawyer costs around € 1,255 gross under the RVG, made up of a 1.3 procedural fee, a 1.2 hearing fee, the flat rate for post and telecommunications and 19 % VAT (RVG VV 3100, 3104). Two separate lawyers would come to around € 2,511 together. The saving with only one lawyer therefore amounts to around € 1,255, exactly the cost of the second lawyer. At a higher value in dispute the saving rises accordingly.

How large the saving is in your case depends on the value in dispute: it follows from the income and assets of both spouses. Between yourselves you may share the costs, even where only one side officially instructs the lawyer. An orientation with a cost calculator can be found under divorce costs.

Why mandatory representation stays

Mandatory representation is not an end in itself. It serves to protect those involved. A divorce reaches deep into rights: the pension rights adjustment, often maintenance, and on top of that the division of assets. Anyone acting here without expert support risks disadvantages that can hardly be corrected later.

At least one side should therefore be represented in a qualified way; § 113 FamFG refers for that to the Code of Civil Procedure. That protects against rushed decisions and keeps the proceedings formally clean.

An online divorce saves journeys, the lawyer stays necessary

Many people associate “without a lawyer” with the online divorce. A misunderstanding: there, too, a lawyer is instructed, only the communication runs digitally, with documents uploaded instead of handed over at an appointment.

Mandatory representation is untouched by it. All that is saved is journeys and time; representation by a lawyer remains.

No money for a lawyer? Then legal aid for the proceedings

Anyone searching for a “divorce without a lawyer” usually wants to save costs. Doing without representation is the wrong lever for that, and it is not permissible anyway.

Where income is low, Verfahrenskostenhilfe (legal aid for the proceedings) applies (§ 76 FamFG): the state covers the costs of the proceedings in whole or in part, assessed against your economic circumstances. That way you stay represented by an expert without failing at the costs. All that matters is the timing: the application belongs together with the divorce application.

What comes next

Whether a single lawyer is enough is decided by how far you agree on the consequences; on that, amicable divorce, which also sets out which points can be settled in advance and in what form. Where the agreement collapses later, that changes the character of the proceedings: contested divorce.

What representation costs specifically and how the value in dispute is formed is calculated by what does a divorce cost?. On the digital route, which changes nothing about mandatory representation: online divorce and the comparison under online divorce or in person?. And on the hearing itself, which both of you attend in person: the divorce hearing: how it runs in court.

Whether one lawyer is enough or legal aid is the right route we tell you in the first conversation, and where representation of their own would make sense for the consenting side, we say that too. Appointments take place at Frankenallee in Frankfurt-Gallus or by video, in German, English or Spanish as you prefer.

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.