A divorce raises financial questions that many young couples only think through in a crisis. Anyone who marries brings assets, debts and contracts into the marriage, and in a separation what belongs to whom matters. Knowing the basics in advance allows you to decide calmly.
Short answer: Under section 1566 of the German Civil Code (BGB), a marriage is considered to have failed if the spouses have lived apart for one year and both apply for divorce or the other consents. Without consent, three years of separation are enough. Financially, the matrimonial property regime matters most. Last updated: November 2026.
The key points at a glance
- A divorce generally requires a period of separation that the law describes precisely.
- A joint application or the consent of the other spouse shortens the waiting period to one year.
- Without consent, the separation lasts three years before the marriage is considered failed.
- The matrimonial property regime determines whether and how property built up during the marriage is balanced.
- Joint debts, tenancy agreements and accounts usually continue after a separation until they are settled.
When is a marriage considered to have failed?
A divorce is not possible immediately. The law presumes that a marriage has failed only once certain periods of separation have been reached. The table sets out the rules from section 1566 BGB as they appear on gesetze-im-internet.de.
| Situation | Consequence |
|---|---|
| The spouses have lived apart for one year and both apply for divorce | The marriage is considered irrefutably failed |
| The spouses have lived apart for one year and the respondent consents to the divorce | The marriage is considered irrefutably failed |
| The spouses have lived apart for three years, even without consent | The marriage is considered irrefutably failed |
The concept of living apart is important. It does not necessarily require one partner to move out. Whether the requirements are met is decided by the court on the basis of the circumstances, for example whether the couple still runs a shared household.
What happens to shared property?
The matrimonial property regime determines how property is divided after a marriage. Without a prenuptial agreement, the statutory regime in Germany is the community of accrued gains. Each spouse keeps their own property in principle, but the increase in wealth achieved during the marriage is balanced on divorce. How this works in detail is explained in the German article Gütertrennung oder Zugewinn: Was bei der Heirat zählt.
If you want to change the property order, check early whether a prenuptial agreement can create a different arrangement. Such an agreement must be made between the partners, before or during the marriage, and it can govern the consequences of a divorce. Its opportunities and risks depend heavily on the individual case.
Which financial matters should you clarify before a divorce?
A separation affects many contracts at the same time. The table helps you organise the most important points, so that nothing is overlooked.
| Topic | Why it matters | When to act |
|---|---|---|
| Joint account | Direct debits continue until you change them | Right after the separation |
| Joint debts | The bank holds to the loan contract, not to the relationship status | Before any separation agreement |
| Rented flat | The tenancy agreement applies to both until it is amended | Before moving out |
| Insurance | Policies often run in one name and need to be transferred | After the separation |
| Power of attorney | An old power of attorney may still name the former partner | Check immediately |
The table shows typical points. Which of them apply to you depends on your circumstances. An early list of all contracts saves a great deal of time later.
What does a divorce cost?
The costs of proceedings consist of several components, such as court fees and lawyers’ fees. If you want an overview, the German article Scheidungskosten: Was ein Verfahren kostet und wer zahlt gives a classification. The amount depends on the value in dispute and on the procedure.
Financial effects of a jointly financed home
A jointly owned home is often the largest item over which couples argue during a separation. If you take out a loan together or contribute equity, collect the documents early: a land register extract, loan agreements, proof of payments and any agreements on use. Later, this overview often decides who can claim what.
Whether one partner can move out and the other can take over the property depends on financing, income and contractual arrangements. A takeover is usually only possible if the bank agrees. A conversation with the lender is therefore one of the most important first steps.
Frequently asked questions
Do I have to gather documents before a divorce?
Yes, and it pays off. Bank statements, loan agreements, insurance policies, tenancy agreements and proof of major purchases help to record the situation at the time of separation. Those who arrange their documents early negotiate more objectively and lose less time.
Can I separate without moving to another flat?
Yes, that is possible. The law refers to living apart, not only to moving out. What matters is whether the partners still run a shared household. The court considers the circumstances in each case.
Do I have to take over my partner’s debts?
Debts taken on together remain in place towards the bank until they are repaid or refinanced. A separation does not change liability towards the lender by itself. Talk to the lender early, before you commit to anything.
Who pays maintenance after a divorce?
Whether post-marital maintenance is owed, and how much, depends on the law and the circumstances of the individual case. A flat figure would be misleading here. Let a specialist or a lawyer answer these questions before you agree anything.
What happens to a shared rented flat?
The tenancy agreement continues for both until one of you leaves or the agreement is changed. Clarify who stays, who pays the rent and how the deposit is divided. A written agreement with the landlord creates clarity.
Is a prenuptial agreement still worth it during the marriage?
A prenuptial agreement can be concluded later as well, but changing the property order requires effort. Whether it makes sense depends on your assets and plans. A professional assessment is more important here than a quick decision.
Can a prenuptial agreement change the consequences of a divorce?
Yes, a prenuptial agreement can replace the statutory property order, for example with a separation of property or a different arrangement for the balancing of gains. Limits follow from the law, and the effect depends on how the agreement is worded. It should therefore not be drawn up under time pressure, but with the shared future in mind.
Is a gift or a change of property relevant before a divorce?
Transfers between partners can have tax and property consequences. If you are considering a gift to your partner, check the tax allowance and the notification rules first. The German article Schenkung an den Partner: Steuerfreibetrag und Grenzen explains the basics. A large transfer shortly before a separation can also cause disputes, so document the reasons and the timing.
Keeping an overview during a separation
A separation is a stressful period, and financial decisions taken in a hurry often cause problems later. Keep a simple list of accounts, contracts, debts and insurance policies, and update it as things change. Write down the date of each decision and who was involved. This makes later negotiations easier and reduces the risk of forgetting a contract.
What to do now
- Create a list of all joint contracts, accounts, loans and insurance policies.
- Clarify which matrimonial property regime applies and whether a prenuptial agreement exists.
- Check whether a power of attorney or banking authority still names the former partner, and change it.
- Get a professional overview before you sign a separation agreement, so that you know the consequences.
Related guides
- Family, partnership and money: the overview for young adults
- Divorce costs: what a procedure costs and who pays
- Separation of property or community of accrued gains: what counts at marriage
- Prenuptial agreement: when it makes sense
- Power of attorney for couples: accounts and emergencies
Last updated: November 2026. This guide is general information, not individual advice.
