German family-law terms, explained in plain English

Process & basics

amicable divorce

Both spouses want the divorce and agree, or nearly agree, on the key consequences — maintenance, assets, children. This makes the process faster, cheaper and less adversarial. More on this →

breakdown principle

German divorce law does not ask about fault, only whether the marriage has irretrievably broken down. Who caused the separation is irrelevant to the divorce itself.

consolidated proceedings

The divorce and its ancillary matters (e.g. pension adjustment or maintenance) are heard and decided together by the court in a single set of proceedings — the "consolidated" procedure.

habitual residence

The place where a person actually has their centre of life. It determines, among other things, which family court has jurisdiction — not the registered address. More on this →

hardship divorce

Exceptionally, a marriage can be dissolved before the year of separation ends if remaining married would be an unreasonable hardship for one spouse — for instance in cases of violence or serious threats. More on this →

mandatory legal representation

Before the family court at least the petitioning party must be represented by a lawyer; you cannot file the divorce petition yourself. In an amicable divorce one lawyer is often enough for the couple.

Year of separation

As a rule, spouses must live apart for one year before a divorce can be filed — evidence that the marriage has broken down. Separation within the same home is possible. More on this →

Costs

legal aid

State support covering all or part of the cost of family proceedings when your income and assets are insufficient. It is applied for at the court (formerly called Prozesskostenhilfe). More on this →

value in dispute

The notional value used to calculate court and lawyer fees. In a divorce it is derived mainly from both spouses’ net income and assets — it is not an amount anyone actually pays. More on this →

Assets & home

divorce settlement agreement

A contract in which the spouses themselves settle the consequences of divorce — such as maintenance, division of assets or pension adjustment — instead of leaving them to the court. Often requires notarial recording. More on this →

Equalization of accrued gains

On divorce, the increase in assets acquired during the marriage (the "accrued gain") is split equally between the spouses — not the assets themselves, but their growth. More on this →

household goods

The shared items of the household — furniture, appliances, furnishings. On separation and divorce they are divided between the spouses; if needed, the court decides on an equitable basis. More on this →

matrimonial home

The home or property the spouses used together. On separation a court can decide who may stay there temporarily — regardless of who owns it. More on this →

matrimonial property regime

The legal framework for how spouses’ assets are treated. Without a marriage contract the default is the community of accrued gains; a contract can instead provide for separation or community of property. More on this →

notarial recording

Certain agreements only become valid once a notary records them — reading out the contract, advising the parties and certifying it officially. This protects both sides from rushed or unclear arrangements. More on this →

Pension rights adjustment

The pension entitlements both partners earned during the marriage are split in half on divorce, so both are protected in old age. The court normally orders it of its own motion. More on this →

Maintenance

child maintenance

The child’s maintenance claim. The parent who cares for the child contributes through that care; the other parent pays cash maintenance, the amount of which usually follows the Düsseldorf Table. More on this →

Düsseldorf Table

A nationally recognised guideline table for the amount of child maintenance, graded by the payer’s income and the child’s age. It is not a statute but is used by courts as a guideline and updated yearly. More on this →

post-marital maintenance

Maintenance after the divorce is final. It is the exception: in principle each person provides for themselves, and it applies only on specific grounds such as childcare, age or illness. More on this →

separation maintenance

Maintenance paid by the economically stronger spouse from the point of separation until the divorce is final, where the other cannot cover their own needs. More on this →

spousal maintenance

Umbrella term for maintenance between spouses. It covers separation maintenance (during separation) and post-marital maintenance (after the divorce becomes final). More on this →

Children

parental custody

The right and duty to care for a child and decide important matters — residence, schooling, health, finances. After a separation it usually remains with both parents jointly. More on this →

right of contact / access

The right of the child and the non-resident parent to regular personal contact. It exists independently of custody; if the parents cannot agree, the court arranges it. More on this →

right to determine residence

The part of custody that determines where the child lives. Under joint custody the parents decide together; in conflict the court can assign this right to one parent alone. More on this →

shared parenting / alternating residence

A care arrangement where the child lives roughly equally with both parents — unlike the residence model with one main home. It also affects maintenance. More on this →