Cancellation or "divorce" of the civil partnership
If you want to end your civil partnership, you can apply for dissolution of your civil partnership.
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Basic information
A civil partnership can be dissolved by the court under certain conditions.
To file an application with the competent local court - family court - please contact a lawyer. Your life partner does not need legal representation if he or she agrees to the annulment and does not want to file an application himself or herself.
The court proceedings will examine whether one of the grounds for annulment applies.
Requirements
- you have been living separately for one year and both want to annul or
- it cannot be expected that a partnership can be re-established between you or
- You have already been separated for three years or
- You have been living separately for less than one year, but the continuation of the partnership would be an unreasonable hardship for you for reasons that lie in the person of the other person.
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Procedure
Your attorney must petition the family court on your behalf for annulment.
- The court will serve the petition for annulment on your domestic partner. There is no requirement to be represented by a lawyer for the approval of the petition for divorce.
- At the hearing on the petition for annulment, the partners are usually heard in person on the conditions for annulment.
- If the requirements for dissolution are met, the family court will pronounce dissolution of the civil partnership by way of an order.
More information
Please consult a lawyer.
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Necessary Documents
- Identity card or passport
- Marriage certificate
Original or certified copy
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Fees / Costs
Attorney's fees according to the German Attorney's Fees Act (RVG)
Court costs, § 43 Law on Court Costs in Family Matters (FamGKG)
- calculated in each case according to the amount of the object value (dependent on income and assets)
- in case of indigence, legal aid can be applied for
- As a rule, the court orders that the costs be set aside. This means that each of the partners bears his or her own attorney's fees and half of the court costs.
- If the cohabitants have reached a different agreement on costs, the court may agree to it in whole or in part.
If the application for annulment is rejected, the applicant must bear all the costs.
Tip: You can obtain concrete information about the costs incurred in the proceedings from your lawyer. -
Deadlines & processing time
What deadlines must be paid attention to?
There is no deadline.
How long does it take to process
At least 3 months due to the prescribed procedure, in more complex procedures possibly longer, depending on the individual case
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Legal Bases
- § 269 Abs. 1 Nr. 1 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)
- § 15 Lebenspartnerschaftsgesetz (LPartG)
- § 270 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)
- § 111 Nr. 11 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)
- § 122 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG) zur örtlichen Zuständigkeit
- §§ 58 bis 69 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)
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The official information in German is complete and correct. 31.01.2025