You have decided to separate or already have separated from your spouse and you intend to begin divorce proceedings. However, in Germany a married couple must have lived apart for at least one year before divorce proceedings can begin.
A separation officially begins when one spouse moves out of the marital home and thus cohabitation ends. Another requirement is that at least one spouse is emphatic that there are no circumstances under which cohabitation could be resumed or marriage to the other spouse could continue.
An attempt to reconcile does not interrupt the flow of the separation year unless the restored cohabitation lasts longer than three months. In such case, a new separation year begins after the failed attempt to reconcile.
Many spouses are unable to leave the marital home due to financial constraints; nevertheless, they wish to separate. In essence, "separation under one roof" is possible. However, this separation presupposes that the spouses no longer do business together, that is, they sleep, eat, shop, and manage finances separately. In these cases it is advisable to document the organization of the separation with great precision.
Physical separation not only marks an important emotional turning point in a marriage, it also has far-reaching legal consequences associated with the legal recognition of the separation and/or the ensuing divorce.
With separation, the question arises as to how the economically weaker spouse will subsist and, consequently, the question of spousal support. Spousal support depends on the assets the spouses have accrued at the time the separation occurs. The legal statute regarding spousal support also is intended to prevent either spouse from hiding assets accrued between the time of separation and the application for divorce to the disadvantage of the other spouse.
Because of this, it is important for a separating spouse to consult a specialist in family law as soon as possible – ideally, even before the separation takes place but at the latest immediately after the separation has begun - to become aware of the legal consequences of separation.