The Separation Year Is Mandatory
In Germany, the separation year is a mandatory prerequisite for divorce. Spouses must live apart for at least one year before filing. It serves as a cooling-off period to ensure the decision is well-considered.
What Does 'Living Apart' Mean?
Complete dissolution of the marital community: separate bedrooms, separate household management, separate finances, and no joint activities as a couple. The separation year can be completed within the shared home if spatial separation is consistently maintained.
The Hardship Divorce — Exception
In exceptional cases, divorce can be filed without completing the separation year. This hardship divorce applies when continuing the marriage would constitute an unreasonable hardship: domestic violence, severe abuse, or similar extreme circumstances. Courts apply this standard very strictly.
Reconciliation Attempts
Brief reconciliation attempts (up to three months) don't interrupt the separation year. If the attempt fails, the year continues. If it lasts longer than three months and fails, the separation year restarts.