A divorce by mutual consent is decided by the family court in the same way as a contested divorce: the family court also ends the marriage in this case by a court order, no longer by a divorce decree as was the case a few years ago.
Like a contested divorce, the procedure is then bound by certain legal requirements. With the support of a lawyer, however, the procedure can be handled without any problems, especially in the case of a divorce by mutual consent: The points of contact with the court are minimal for the spouses and, in the best case, a divorce by mutual consent is already completed one year after the separation.
Procedure of a divorce by mutual consent
If spouses want to divorce by mutual consent, the first step is usually a joint appointment with a lawyer, even if this is not absolutely necessary. In many cases, a telephone call with one of the partners or, if you wish, a (video) conference call etc. can also be arranged. sufficient.In an initial meeting with the lawyer, the first thing to discuss is whether the spouses really agree, without conditions, that they want to get divorced. This is a basic requirement for an amicable divorce.
In addition, the purpose of this appointment is to clarify whether and to what extent one is in a position to also agree on consequential matters such as equalization of gains, custody or maintenance (child, mother etc.) to agree. This in turn determines whether it makes sense to settle all subsequent matters in a divorce settlement agreement out of court by mutual consent. Otherwise, you should let the family court decide in a second judicial proceeding on subsequent matters in order to avoid unnecessary delays in the divorce. All this is then the basis for how the divorce proceedings will proceed and what applications will be filed with the court.
They want to get divorced and are looking for legal assistance? Feel free to contact me and make an appointment for an initial consultation with me – in the office in Berlin on site or by phone, video call, etc. – at any time.
Submitting the divorce petition
Once it has been clarified which applications are to be submitted to the court, your lawyer will take care of this or you will be informed of the outcome. Your lawyer. Because the divorce petition must be filed with the court by a lawyer. However, if there is mutual agreement on the divorce, a lawyer may be sufficient for the divorce proceedings. The other spouse can agree to the divorce petition without being represented by a lawyer.
In order to prepare and file the petition, the following documents and information are necessary:
- current addresses of the spouses / address of the last shared marital home
- marriage certificate/marriage certificate
- if necessary. Birth certificates children
- if necessary. prenuptial agreement/separation and divorce settlement concerning. Equalization of gains and pensions
- Separation date (incl. Indication of who has moved out or. separation within the marital home)
- net income in the last 3 months
If you have not settled the pension equalization by mutual agreement in a divorce settlement before filing for divorce and the court must therefore also decide on this in the divorce proceedings, you can speed up the proceedings yourself at this point by filling out a questionnaire in advance, which can be accessed here.
Divorce date
In the case of an amicable divorce, the next step in the divorce proceedings is the actual divorce hearing. Usually, this is the only date ("divorce date") where the divorcing spouses have to appear in court. Only in exceptional cases can the spouses be exempt from the obligation to appear. The divorce hearing itself, in which the divorce decree is pronounced, usually only lasts a good quarter of an hour.
Duration of a divorce by mutual consent
An amicable divorce is generally completed relatively quickly, in the best case one year after the separation. The length of the divorce proceedings depends on the individual case, even in the case of an amicable divorce. On average, a divorce date in Berlin is six weeks to about three months after the filing of the divorce petition in an uncomplicated divorce possible.
However, the separation year must be observed in any case, even in the case of a divorce by mutual consent. However, it is sufficient if it has expired at the time of the divorce hearing in court. The divorce petition can therefore be filed even before the end of the separation year, so that the divorce proceedings can be initiated very quickly. Depending on whether the family court z. B. also about subsequent matters such as alimony, custody or equalization of gains (so called. subsequent matters), the proceedings may take longer even in the case of a divorce by mutual consent.
Basically, the simpler the procedure, the faster it can be concluded with the divorce. And especially in the case of an amicable divorce, you yourself have an influence on whether the court should only decide on the divorce or also z. B. about consequential matters. This indirectly influences the duration of the divorce proceedings.
If one refrains from filing an application for the execution of the gain equalization, this is helpful in the sense of a quick divorce. Because you can either settle the equalization of gains amicably out of court in a divorce settlement agreement. In addition, one can let the court decide on it in a separate procedure, completely independent of the divorce. Both significantly accelerate the divorce proceedings.
It also makes sense to exclude the pension equalization from the divorce proceedings in order to achieve a speedy divorce by mutual consent. It can also be agreed out of court in a divorce settlement agreement, then the court does not have to decide about it. If the court is to rule on the matter, it is helpful to make early efforts to obtain the necessary documentation from pension insurance carriers. If these are complete in a timely manner, the court can make a decision on the pension settlement as soon as possible.