KarcherRECHTSANWÄLTE

Preparing the
application

Divorce application:the details the court needs

This is the intake form we would otherwise go through with you in the first conversation. It covers what § 133 FamFG requires for the divorce application. Filling it in beforehand saves the half hour at the appointment that we would otherwise spend taking down data.

The
intake form

One question first

Do you already know that you want to file the application?

I am still unsure

Then a conversation is the better start. We clarify whether and when a divorce comes into question for you at all, without you filling in ninety fields first.

Request a first conversation

I want to file the application

Then the form takes you through all the details the court needs. You can interrupt at any time and continue later.

Your entries are stored exclusively in this browser and deleted when you send them. Before sending, no piece of data leaves your device. You can close the page and continue later.

Instruction

Who instructs us, who files the application?

Only the applying side has to be represented. The other spouse consents to the application and needs no representation of their own for that.

Who gives the instruction?

You determine the order: whoever you enter as Spouse 1 in the next section stays that throughout the form.

Who is to file the divorce application?
Does the other side consent to the divorce?

Without consent the divorce is more laborious after the year of separation, but after three years of separation it is possible in any case.

Spouse 1

Details of Spouse 1

Two notes on this sectionThe application requires the data of both spouses, even where only one side instructs us. Stating your religious affiliation is voluntary; it is needed only where leaving a church or a religious wedding plays a part in the proceedings.

How would you like to be addressed? Ms, Mr, or not at all.

May be left blank.

Spouse 2

Details of Spouse 2

Ms, Mr, or not at all.

May be left blank.

Marriage & separation

The wedding and the separation

More hangs on the date of separation than the year of separation: together with service of the application it sets the cut-off dates for the pension rights adjustment and for the accrued gains. We work those out, you only give us the day.

Is the marriage certificate available?

Helps determine which family court has jurisdiction (§ 122 FamFG).

Briefly: moving out or separation within the home, since when separate finances and separate housekeeping.

Is there a prenuptial agreement?

Children

Shared minor children

The application has to state whether and how you have settled custody, contact and child maintenance (§ 133 FamFG). The court only has to decide about it where a parent applies for that.

1st child: birth certificate available
2nd child: birth certificate available
3rd child: birth certificate available
4th child: birth certificate available
Is parental custody settled?
Is contact settled?
Is child maintenance settled?

Assets

Property regime, accrued gains, pension rights adjustment

Two separate calculations: assets run through the equalization of accrued gains and have to be asserted, pension entitlements through the pension rights adjustment, which runs of the court's own motion.

Which matrimonial property regime do you live in?

Without a prenuptial agreement it is the community of accrued gains.

Is the equalization of accrued gains to be asserted?
Is there any real property?
Are there joint liabilities?
Marriage period up to three years?

The marriage period runs from the first day of the month of the wedding to the last day of the month before the petition is served, not to the separation (§ 3 (1) VersAusglG). Up to three years, the adjustment takes place only on application (§ 3 (3) VersAusglG).

If so, is the adjustment to be carried out even so?

With a longer marriage period the question does not arise: the adjustment then runs of the court's own motion, without any application from you.

Was the pension rights adjustment excluded by contract?

Home

The matrimonial home and household goods

Is the matrimonial home rented?
Is the matrimonial home owned?
Is there agreement about the home?
Is there agreement about the household goods?

Maintenance

Maintenance between the spouses

Retroactively, maintenance exists only from the moment it was demanded or disclosure was called for (§ 1613 BGB). The timing therefore decides whole months of money.

Is separation maintenance being asserted?
Is post-marital maintenance being asserted?
Is there already a maintenance agreement?

Proceedings

Applications and pending proceedings

Is an interim order wanted?

A provisional ruling that takes effect at once and does not wait for the main proceedings, for instance on maintenance, the matrimonial home or contact.

An interim order on maintenance?
Should an application for disclosure be made?
Is legal aid for the proceedings being applied for?

The application belongs together with the divorce application (§ 76 FamFG).

Are further family matters pending?

Documents

Which documents do you have?

None of this has to be available yet. The overview only tells us what we still have to gather.

Power of attorney
Marriage certificate
Children's birth certificates
Prenuptial agreement
Proof of income for the last twelve months
Tenancy agreement for the matrimonial home
Form for legal aid for the proceedings
Copy of your identity document

What this
form is

An intake form, not an official form

There is no official self-service form for a divorce in Germany. The application is a lawyer's pleading whose content § 133 FamFG prescribes; what many people call a “divorce form” is our intake form. It takes in advance what we would otherwise go through with you in the first conversation.

Sending it neither instructs us nor files an application. We look through your details, get back to you with a first assessment and send you the power of attorney. Only after that do the proceedings begin.