What is the biggest myth about divorce

The biggest fallacies about divorce

Addressing common myths


Many misconceptions and fallacies about divorce seem to be widespread. In this article we deal with these misconceptions in detail.


1. An "online divorce" is cheaper and faster

The divorce proceedings take place in German courts and not on the Internet. For this reason alone, the "online divorce" can neither be cheaper nor can the divorce proceed faster. Therefore, whether the divorce is carried out "online" or "offline" has no effect.

However, we know that "online divorces" are offered by some lawyers. This means that the colleague often only maintains contact by email or acts on the basis of a completed online form that was previously filled out by the divorcee without knowing the scope of his information.

Unfortunately, our observation is that the "online divorces" brought problems with them, as there was often a lack of personal contact persons and the divorces were only carried out on the basis of the personal information provided by the divorcee. Information that the legal layperson could not have known was of considerable importance was not taken into account. Ultimately, we see the danger that the interests of the clients are not properly represented in "online divorces" because there was no personal contact in a personal matter such as the divorce. The intended relief can often become a burden.


2. Divorce is not possible without the consent of the spouse

Divorce does not depend on the consent of the other spouse. The divorce can also be pronounced without consent.

According to § 1565 Abs. 1 BGB, a marriage can be divorced regardless of possible fault if it has failed. The failure of a marriage is assumed if the parties involved have not formed a partnership for at least one year and it is no longer to be expected that the partnership will be reestablished. According to § 1566 Abs. 2 BGB it is irrefutably presumed from a separation period of 3 years at the latest that the marriage has failed. However, the divorce can be divorced beforehand and without the consent of the other spouse, but usually after a year of separation, if it can be proven that the marriage has failed.


3. Divorce can be carried out without a lawyer

According to § 114 FamFG, a lawyer is required. Due to the far-reaching legal consequences of a divorce, the legislature has decided to order a lawyer for the divorce and all subsequent matters in order to protect those willing to divorce. A divorce without a lawyer can therefore not be carried out.


4. A lawyer can represent two spouses in divorce

By law, a lawyer may only represent the interests of his client in family matters, and in the case of spouses, this can only be one of the two. A lawyer who would represent both spouses in divorce proceedings would be liable to prosecution.

However, it is possible that one spouse can be represented by a lawyer and the other spouse waives his / her own lawyer. However, this is only possible if the unrepresented spouse does not want to submit any applications in the context of the divorce proceedings, because for this he needs a lawyer. The spouse who is not represented by a lawyer can only give consent to the divorce.

Experience has shown that such an approach to divorce is only chosen if there is a high level of trust in the spouse represented by the lawyer.


5. The divorce becomes cheaper if the spouse with the lower income applies

The costs of the divorce proceedings are based on the income of both spouses. Therefore, it does not matter which spouse files for divorce.

In fact, you should clarify with the lawyer you trust whether and when filing a divorce petition is economically sensible or even economically advisable. This depends crucially on the individual case. Those who postpone filing the application for divorce can ultimately pay more or actually receive more.


6. Divorce only ends the marital bond

That is too short-sighted. There are far-reaching legal consequences associated with divorce.

    • As part of the pension equalization, the pension entitlements are to be equalized for the period of the marriage.
    • With the divorce, the spouse's right of inheritance is excluded.
    • If no separation of property has been agreed, the profit compensation is to be carried out.
    • In principle, joint custody of the children remains, but a different decision will only be necessary in exceptional cases.
    • The whereabouts and how to deal with the children must be regulated.
    • Maintenance claims may exist, and it must be clarified when and to what extent an occupation has to be taken up, maintained or expanded.
    • The separation alone results in changes in tax law due to the change in tax classes.

7. After the divorce, everything will be split in half

Unless otherwise agreed, the person who enters into a marriage in Germany automatically enters the property regime of the community of gains due to legal regulations.

In a community of gains, each spouse has his own property or property if it is only invested in his name. Marriage doesn't change that. If the marriage fails, the so-called profit compensation takes place. The person who has accumulated a large fortune in the marriage has to compensate half of the difference compared to the fortune of the other person accumulated during the marriage.

What was already in the property of a spouse at the time of marriage is taken into account, like inherited assets, when calculating the gain.


Important NOTE:

This legal tip has no claim to general validity. A different decision may be indicated in individual cases. The legal tip should and cannot replace legal advice. In case of doubt, the lawyer you trust should be contacted. We are at your disposal via the established contact function.