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Filing for divorce at the family court

The value of the proceedings is not €3,000 — that is only the minimum value

Family court§ 1565 BGBMandatory representation by a lawyer

The family court (Familiengericht) is a division of the Amtsgericht (local court). A divorce is granted under § 1565 BGB if the marriage has broken down — which the law presumes once the spouses have lived apart for one year and either both want the divorce or the respondent consents. The year of separation is therefore the standard case, not a formality: it begins with the separation, which is also possible within the shared home, provided finances are kept separate.

Mandatory representation by a lawyer applies before the family court. This leads to the point that saves the most money for spouses divorcing by mutual consent: one lawyer is enough. The lawyer files the application for one spouse; the other merely has to consent to the application, for which they do not need their own lawyer. They are, however, not represented in doing so — anyone wishing to file their own applications or raise an objection does need one.

Costs depend on the value of the proceedings, and this is misrepresented almost everywhere. Under § 43 FamGKG the court determines it at its discretion, in particular according to the parties' assets and income — in practice based on the net income earned by both spouses over three months. The widely quoted €3,000 is only the lower limit: “The value must not be assumed at less than €3 000 nor more than €1 million.” A couple with a combined net income of €4,000 ends up at €12,000, not at €3,000.

Last updated28 August 2026
Legal basis§ 1565 BGB · § 43 FamGKG · § 114 FamFG
Verification§ 43 FamGKG · FamGKG KV 1110 and fee table
Written and reviewed byAndrés Sánchez Botta
Independent information website: we are not the Amtsgericht, not an authority and not a paid advice service – we do not submit applications on your behalf. All information comes from official sources and is explained here in plain language; binding information always comes from the competent body. No legal advice and not an official authority. We are neither lawyers nor tax consultants: we document official procedures and check the information against the official source – this is information, not legal or tax advice.
Value of the proceedingsThree months' net incomeAt least €3,000 (§ 43 FamGKG)
Year of separationMandatory as a ruleAlso possible within the shared home
Mandatory representation by a lawyerOne lawyer is enoughFor divorce by mutual consent
Required documents

What you need

Marriage certificate

In the original or as a certified copy, obtainable from the Standesamt (registry office) where the marriage took place. Without it, the application cannot be served; for marriages concluded abroad, a translation and, where necessary, legalisation are also required.

Proof of income for both spouses

Payslips from recent months or tax assessments. These determine the value of the proceedings and therefore all costs. Anyone who does not submit them risks an estimate by the court — which rarely turns out more favourable than the actual figures.

Birth certificates of joint children

For minor children. Custody and contact matters are not automatically decided together with the divorce; they are separate proceedings that are only joined to the divorce on application.

Information on pension insurance

For the pension equalisation (Versorgungsausgleich), which is carried out by the court of its own motion for marriages lasting more than three years. Both spouses fill in questionnaires for this purpose; the processing of these by the pension providers is usually the reason why divorce proceedings take months.

If funds are limited: documents for legal aid for the proceedings (Verfahrenskostenhilfe)

Proof of income, the tenancy agreement and ongoing obligations. Legal aid for the proceedings (Verfahrenskostenhilfe) is the family-law counterpart to Prozesskostenhilfe (legal aid for court proceedings) and covers court and lawyer's costs in full or in instalments.

Step by step

How to proceed

  1. 1

    Observing the year of separation and being able to prove it

    The separation requires separate household management; it is also possible within the shared home, provided finances and daily life are kept separate. Note down the date of separation — it is stated in the application and is not checked by the court as long as both spouses give a consistent account.

  2. 2

    Instructing a lawyer — one is enough if you agree

    Mandatory representation by a lawyer applies before the family court. For a divorce by mutual consent, one lawyer files the application; the other spouse consents and does not need their own lawyer for this. This halves the lawyer's costs. Anyone wishing to file their own applications, however — on maintenance, assets or custody — needs legal representation.

  3. 3

    Estimating the value of the proceedings realistically

    It is calculated from the net income earned by both spouses over three months, plus a share of their assets, and amounts to at least €3,000. With a combined net monthly income of €4,000, that is a value of the proceedings of €12,000. Do not calculate on the basis of the minimum value — this is the most common miscalculation.

  4. 4

    Filing the application and paying the advance

    The court only serves the application once the advance on costs has been received. Under FamGKG KV 1110, the court fee amounts to 2.0 times the fee under the fee table: €251.00 for a value of the proceedings of €3,000, and €476.00 for €8,000. Verfahrenskostenhilfe can be applied for in advance.

  5. 5

    Waiting for the pension equalisation

    For marriages lasting more than three years, it is carried out automatically: the pension entitlements acquired during the marriage are divided. The information provided by the pension providers determines how long proceedings take — this is almost always the bottleneck, not the court. For shorter marriages, it only takes place on application.

  6. 6

    Hearing and order

    The court sets a hearing date, at which both spouses must appear in person. The divorce order becomes final on expiry of the appeal period; if both spouses waive their right of appeal at the hearing, it becomes final immediately.

Fee information

Costs and payment

Court costs by value of the proceedingsFamGKG KV 1110: 2.0 fee
Value of the proceedings €3,000 (minimum value)€251.00
Value of the proceedings €8,000€476.00
Value of the proceedings €13,000€627.00
Legal feesIn addition, under the RVG
By mutual consent with one lawyerLawyer's costs only once
If funds are limitedLegal aid

The value of the proceedings is calculated from the net income earned by both spouses over three months, with a minimum of €3,000 and a maximum of €1 million. The lawyer’s costs are based on the same value and usually exceed the court costs. Anyone who takes the minimum value to be the standard case considerably underestimates the total costs.

Good to know

Important notes

The €3,000 figure is the minimum value, not the standard case. § 43 FamGKG is based on three months' net income of both spouses; at average income levels, the value of the proceedings is many times higher.

For a divorce by mutual consent, one lawyer is enough. The other spouse consents to the application without being represented — this halves the lawyer's costs. They cannot, however, then file their own applications.

The year of separation is also possible within the shared home. What is required is separate household management, not moving out — which is particularly important in tight housing markets.

The pension equalisation runs automatically for marriages of more than three years and determines how long proceedings take. It is not the court that is slow, but the information provided by the pension providers.

Custody, contact and maintenance are not automatically decided together. They are separate proceedings with their own costs and must be applied for separately.

Avoid these mistakes

Common mistakes

Calculating on the basis of the minimum value of the proceedings of €3,000. What matters is three months' net income of both spouses; the actual costs are usually significantly higher.

Instructing two lawyers even though both spouses agree. For a divorce by mutual consent, one is enough — the other merely consents.

Trying to force the year of separation through moving out. Separate household management within the shared home is enough and saves paying double rent.

Assuming that everything is settled with the divorce. Maintenance, custody, contact and the division of assets are separate proceedings.

Applying for Verfahrenskostenhilfe only after filing the application. It should be applied for in advance — otherwise the advance on costs is already due.

Frequently asked questions

Questions and answers

How high is the value of the proceedings really?

Under § 43 FamGKG, the court determines it at its discretion, in particular according to the parties' income and assets; in practice, on the basis of the net income earned by both spouses over three months, plus a share of their assets. It must not be set at less than €3,000 nor more than €1 million. With a combined net monthly income of €4,000, it comes to around €12,000.

What does the court cost?

Under FamGKG KV 1110, the court fee amounts to 2.0 times the fee under the fee table: €251.00 for a value of the proceedings of €3,000, €476.00 for €8,000, and €627.00 for €13,000. The lawyer's costs come on top of this and are based on the same value; as a rule, they exceed the court costs.

Do we both need a lawyer?

No, if you agree. Mandatory representation by a lawyer does apply before the family court, but it is enough for one spouse to file the application through a lawyer; the other spouse consents and does not need their own lawyer for this. They are, however, then not represented and cannot file their own applications — if there is a dispute over maintenance, assets or custody, a second lawyer is necessary.

Do I have to move out for the year of separation?

No. Living apart requires that there is no longer a shared household and that finances are kept separate; this is also possible within the shared home — separate rooms, separate finances, no joint household management. In practice, this is the most important point, especially in tight housing markets.

Why does the divorce take so long?

As a rule, because of the pension equalisation. For marriages lasting more than three years, it is carried out automatically, and all pension providers of both spouses must provide information for this purpose. This information determines the timetable; the court can only set a hearing date afterwards. For shorter marriages, the equalisation only takes place on application, which significantly shortens the proceedings.

Are maintenance and parental custody decided together?

Not automatically. They are separate proceedings that are only joined to the divorce on application — this is then referred to as combined proceedings (Verbundverfahren). Each ancillary matter increases the value of the proceedings and the costs. Anyone who reaches an out-of-court settlement saves the most here; a notarial agreement on the consequences of divorce is often cheaper than a dispute before the court.

Related official procedures

Protection order under the Act on Protection against Violence (Gewaltschutzgesetz, GewSchG)
Infringement is a criminal offence (§ 4 GewSchG)
Interim relief proceedings
Legal custodianship
Only if necessary — power of attorney takes precedence
Dependent on assets
Prozesskostenhilfe (legal aid)
Three requirements, not one
Depends on income

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