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Dissolution of the civil partnership
Service Description
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 civil partner does not need legal representation if he or she agrees to the dissolution and does not wish to make any applications themselves.
The court proceedings will examine whether one of the grounds for annulment applies.
Process flow
Your lawyer must apply to the family court for the annulment on your behalf.
- The court will serve the application for annulment on your partner. There is no obligation to have a lawyer to consent to the application for divorce.
- At the hearing on the application for annulment, the partners are usually heard in person on the conditions for annulment.
- If the conditions for dissolution are met, the family court will issue an order dissolving the civil partnership.
Who should I contact?
Please contact an attorney at law.
Competent authority
The local court - family court - responsible for you will be determined by the lawyer you have appointed.
Requirements
- You have been separated for a year and both want an annulment 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 separated for less than a year, but continuing the partnership would be an unreasonable hardship for you for reasons relating to the other person.
Which documents are required?
As a rule, you will need to present
- Your photo ID
- the original marriage certificate or a certified copy of it
Please seek legal advice as to which documents your lawyer will need from you.
What are the fees?
- Legal fees
- Costs of the court
- each calculated according to the amount of the object value (depending on income and assets)
- Legal aid can be applied for if you are indigent
- As a rule, the court will order that the costs be waived. This means that each partner bears their own legal fees and half of the court costs.
- If the partners have reached a different agreement on the costs, the court may agree to this in full or in part.
- If the application for annulment is rejected, the applicant must bear all costs.
- Tip: You can obtain specific information about the costs incurred in the proceedings from your lawyer.
What deadlines do I have to pay attention to?
None
Processing duration
- At least 3 months due to the prescribed procedure, possibly longer in more complex procedures, depending on the individual case
Legal basis
- § Section 269 (1) no. 1 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- § Section 15 of the Civil Partnership Act (LPartG)
- § Section 270 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- § Section 111 No. 11 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- § Section 122 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- §§ 58 ff. Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) in the event of an appeal
Applications / forms
Appeal against the family court decision within one month through a lawyer
Appeal
None
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian Ministry for Migration, Justice and Consumer Protection
Professionally released on
27.11.2023
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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