responsibility finder
Schleswig-Holstein

Applying for dissolution of the civil partnership

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

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 a lawyer.
Competent authority
  • The local court responsible for you pursuant to Section 270 (1) sentence 1 in conjunction with. § 122 FamFG - Family Court - will be determined by the lawyer appointed by you.
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?
  • Lawyers' fees in accordance with the Lawyers' Fees Act (RVG)
  • Court costs, Section 43 of the Act on Court Costs in Family Matters (FamGKG)
  • 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 orders the costs to 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
Appeal

Appeal pursuant to §§ 58 ff. FamFG against the family court decision within one month through a lawyer

Applications / forms

None

Author

The text was automatically translated based on the German content.

Technically approved by

Senator for Justice and Constitution of the Free Hanseatic City of Bremen

Professionally released on

02.10.2020

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 a lawyer.

Competent authority

  • The local court responsible for you pursuant to Section 270 (1) sentence 1 in conjunction with. § 122 FamFG - Family Court - will be determined by the lawyer appointed by you.

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?

  • Lawyers' fees in accordance with the Lawyers' Fees Act (RVG)
  • Court costs, Section 43 of the Act on Court Costs in Family Matters (FamGKG)
  • 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 orders the costs to 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

Appeal

Appeal pursuant to §§ 58 ff. FamFG against the family court decision within one month through a lawyer

Applications / forms

None

Author

The text was automatically translated based on the German content.

Technically approved by

Senator for Justice and Constitution of the Free Hanseatic City of Bremen

Professionally released on

02.10.2020

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