In short
The Scheidungsantrag (divorce petition) names both spouses, the marriage, the separation and your minor children. It states whether you have reached agreement on the children, maintenance, the home and household goods. The marriage certificate and birth certificates go with it. The court needs your income for the Verfahrenswert (value of the proceedings).
On this page · 8 sections
What must the divorce petition contain?
The Scheidungsantrag (divorce petition) names the spouses, asks for the divorce and gives the grounds, along with three details the law requires in every divorce § 133 (1) FamFG. Otherwise, the rules for a statement of claim apply § 124 FamFG.
Three details are required:
- the names and dates of birth of your joint minor children, and where they live,
- whether you have settled parental responsibility, contact and child support, maintenance between the two of you, and the marital home and household goods,
- whether any other family proceedings between you are already pending elsewhere.
Only a lawyer can file the petition § 114 (1) FamFG. If the divorce is uncontested, the side that files is the only one that needs one. More on this in Divorce without a lawyer: or is one enough for both?
The details needed about you and the marriage
For both spouses, the court needs names, names at birth, dates of birth, nationalities and addresses. Your spouse’s address matters because the court serves the petition on them. From the nationalities, the court sees whether a foreign connection has to be examined.
For the marriage, the court needs the date and place of the wedding, the registry office and the number in the marriage register. You will find these details on the marriage certificate. Your last shared address helps decide which Familiengericht (family court) has jurisdiction.
What the court wants to know about the separation
The court wants to know since when you have lived apart and whether the other side consents to the divorce. If you have lived apart for a year and the other side consents, the breakdown of the marriage is irrebuttably presumed § 1566 (1) BGB. You then do not need to show any further grounds.
So give the date of the separation and, if you still live in the same home, how you live apart there. If the other side does not consent, the petition describes why the marriage has broken down § 1565 (1) BGB. When the year is up is explained in Year of separation: when can you file for divorce?
What the petition says about your children
The petition lists your joint minor children by name, date of birth and place of residence. It also states whether you have reached an understanding on parental responsibility, contact and maintenance. What exactly you agreed does not belong in it.
In the divorce proceedings, the court decides on parental responsibility and contact only if one of you applies for it § 137 (3) FamFG. If there are minor children, the court informs the youth welfare office that divorce proceedings are pending § 17 (3) SGB VIII. The office will then offer you counseling. You are not required to accept it.
Intake form
Gather the details for the petition now
With the form you collect what the court requires. We review it before the first consultation.
- About half an hour, pause at any time
- Stays on this device until you send it
- We clarify gaps at the appointment
What you state about maintenance, the home and household goods
On maintenance, the home and household goods, the law only asks whether you have reached agreement, not what you agreed. Your answer is relevant to the ancillary proceedings. As a rule, the court carries out the Versorgungsausgleich (pension rights adjustment) on its own initiative as part of the divorce. It decides maintenance, the marital home, household goods and the Zugewinnausgleich (accrued gains) in the same proceedings only if one of you applies for this no later than two weeks before the hearing § 137 (2) FamFG.
If you have already signed a notarial agreement, give the date, the notary and the deed roll number. That tells the court these questions are settled.
The documents that go with the petition
Your marriage certificate and the birth certificates of your joint minor children should be attached to the petition § 133 (2) FamFG. Submit a foreign certificate together with a translation.
In addition, the court needs your net income. Both spouses’ net income over three months determines the Verfahrenswert (value of the proceedings), and that value determines the fees § 43 FamGKG. Have your most recent pay stubs ready for this. How the costs are calculated from it is explained under Costs.
For the Versorgungsausgleich (pension rights adjustment), it helps to have your social insurance number and a list of your pension rights, such as a company pension, a Riester contract or a civil service pension. You will receive the detailed questionnaire from the court later § 220 FamFG. What matters there is covered in The V10 pension adjustment questionnaire: what matters.
What happens after filing
After filing, the court requests an advance on the court fees and serves the petition on the other side only once that advance is paid § 14 (1) FamGKG. Service fixes the cut-off date for the Zugewinnausgleich (accrued gains) and the Versorgungsausgleich (pension rights adjustment).
Next, the court obtains information from the German state pension insurance and the other pension providers. This step usually takes the longest. How much time to allow overall is covered in How long does a divorce take?
The next step
You can gather the details for the petition online in our divorce intake form, at your own pace and with breaks. If anything is missing, we clarify it in the first consultation. How an online divorce works is described on our page on online divorce.
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.
For the confidential first consultation, bring your marriage certificate, your latest pay stub and, if there is one, the message or letter in which one of you declared the separation. With the completed form, we can see beforehand what is still missing.
This post describes the rule, not your case. What applies to you depends on circumstances that no text can cover. For an assessment we need your documents and a conversation.
Would you like to start gathering the details now?
60 minutes, at our office or by Zoom. You describe your situation, and we tell you what lies ahead. You are under no obligation to hire us afterwards.
Under § 34 RVG (German Lawyers’ Fees Act), the first consultation costs at most €226.10 including VAT. If we take on your case, this fee does not apply. How the fees are calculated
- Written petition
- Documents for the divorce
- Online divorce
She handles uncontested and contested divorces as well as maintenance proceedings, and alongside the divorce she also settles parental responsibility and contact, always with an eye on what it means for your family’s everyday life. View profile