Legal Question in Family Law in Germany

pre requirements for divorce

Before a person can file for divorce, do they have to be separated for a

specific period of time ? If so, if two people are living in the same house

because they operate a business together from this residence BUT live

separately ie different parts of the house would this living arrangement

satisfy the laws of separation ?


Asked on 12/06/03, 4:37 pm

1 Answer from Attorneys

Greg Shoebridge Simonidis Shoebridge Lawyers

Re: pre requirements for divorce

You must be separated for twelve months before you can apply for a divorce. This period can include time spent living at the same address but there needs to be affidavit material filed supporting the fact that you were living separate lives under the same roof. In particular, the Court wants to make sure that you didnt do any of the things that might be typical of a marital relationship such as sharing a bed, cooking and cleaning for each other, going to social functions together, etc. It would also be interested to hear about any things that you may have done that are supportive of the fact that you were separated. This might include an announcement to family, telling clients, separating bank accounts, etc.

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Answered on 12/07/03, 10:24 pm


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