What is the process of an amicable divorce?
Marriage is a contract. There are different ways to dissolve this contract. If you want to do this “amicably”, you need, as the name suggests, first of all, an agreement that you want a divorce and secondly an agreement about the consequences of a divorce. As with any other contract, it is possible to deviate from the contractual obligations and dissolve the contract if both parties want to do so. Of course, there is also the possibility to sue for divorce, but there needs to be reasons for that. Again and again, it is noticed that people are not aware that a marriage cannot be terminated unilaterally at any time without giving reasons and that for an amicable divorce, the cooperation of the other spouse is required. Not so easy, when you consider that two people usually do not seek a divorce exactly when they get along particularly well.
Basic information about the process
While most people know where to get married, knowledge about the process of (amicable) divorce is far thinner. Spouses who are willing to divorce can jointly file a petition for divorce at the competent district court of. This application for divorce can be made orally at the district court, e.g., on the day of the office, or an application can be made in writing. There is also a form that can be used for this purpose.
The competent court will schedule a hearing after a petition for a divorce by mutual consent has been filed. Both spouses must appear in person at this hearing. The agreement that two spouses must contain the main consequences of divorce. This agreement can either be concluded orally in court or already taken in writing and presented to the court. In any case, it is advisable to seek legal advice in advance, even in the case of a divorce by mutual consent.
If a married couple has minor children, it is necessary to undergo parental counselling with a suitable person before the amicable divorce ( List of recognized counselors under § 95 para 1a AußStrG – Parental counselling before divorce under § 95 (trennungundscheidung. at).
What does it need agreement on?
If you want to divorce amicably, you need an agreement on the main divorce consequences. These are: How should marital assets (marital savings and marital personal property) be divided? What should happen to any joint debts? What about the (joint) house or the marital home? Should one spouse receive post-marital maintenance (be careful not to confuse this with child maintenance)? If there are joint children, it must be further clarified how custody is to continue, how contact rights are to be structured, and what child support is owed. Furthermore, the marital partnership must have been dissolved for at least six months, i.e., the couple must have been separated for at least six months. There is a persistent rumour that a separate housing of six months is required. However, this is false. On the contrary, a premature move-out may constitute serious marital misconduct. For tactical reasons, therefore, moving out of the marital apartment should not be done under any circumstances.
Costs of an amicable divorce
An amicable divorce has the advantage that, in the best-case scenario, you can save yourself a lengthy, expensive, and emotionally demanding procedure. If you have children, contentious divorce proceedings are also an immense burden for the children. For the divorce petition, 312 euros must be paid, and for the necessary settlement in the hearing 312 euros. If a property is to be transferred, there is an additional charge.
Conclusion
If a divorce is unavoidable, an amicable solution is certainly good in principle. But: You should not be confused by the name “amicable divorce”. A divorce is never like going on a nice trip together in a feel-good atmosphere. A divorce is always a serious matter, and the approach of giving up everything you may have built up together for years just to avoid a fight is not a good one. As a matter of principle, it is advisable to think about what solution you would find acceptable before you talk to your partner and perhaps end up with a very disadvantageous settlement. Divorce can have far-reaching consequences (including pension and social security consequences), and it is therefore important to weigh them carefully. Even if the desire to simply “get out” is understandable, a “no matter what the cost” mentality can be costly in the long run.
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Common misconceptions about divorce
Amicable divorce: do’s and don’ts
Divorce by mutual consent: prerequisites
