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In the case of divorces, the principle of disruption applies. After that, a marriage can be divorced if it has failed.

Marriage has failed when the spouses' cohabitation no longer exists and the spouses cannot be expected to restore them. This is irrefutably presumed if:

  • the spouses have been living separately for one year and both spouses are seeking divorce or the other spouse agrees to divorce,
  • the spouses have been living separately for three years

In addition, the court may divorce the marriage irrespective of the duration of the separation if the continuation of the marriage would constitute an unreasonable hardship for the applicant for reasons situated in the person of the other spouse.

Spouses must be represented by a lawyer in divorce proceedings, i.e. they must also file the divorce application in this way.

If a spouse does not wish to file their own applications in the context of divorce proceedings, he or she can consent to the divorce without hiring a lawyer or lawyer.

Information on the subject can also be found on the website of the Federal Ministry of Justice.

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)

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