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Our service - amicable divorce

Family law services

Would you like to end your marriage quickly and easily?

Have you and your partner already agreed on a divorce? There is no conflict between you and you just want to complete the divorce quickly and easily? Then it is an amicable divorce or divorce by mutual request. What is characteristic of this is the mutual desire of the spouses to dissolve the marriage. It is not necessary that there be a general agreement on the decision to divorce, as important matters relating to the divorce must be settled before the application is made. Nevertheless, an amicable divorce offers many advantages. It is more cost-effective and less time-consuming than a contentious or even hardship divorce. Important issues such as custody and maintenance can be clarified at an early stage, particularly with regard to children. In addition, in the event of an amicable divorce, you only have to pay the costs of one lawyer and thus save the fees for a second lawyer. By reaching agreement you will also save yourself a lengthy divorce process.

Are you and your partner still looking for a suitable lawyer for your amicable divorce? Then contact us now!

What are the costs of a divorce?

Collaborative divorce is the most cost-effective option among all divorce options because it only requires paying a lawyer. The costs for the procedure are regulated in the Court Costs Act and the Lawyers' Remuneration Act. Among other things, the legal fees and court costs are stipulated there. These values are based on the procedural value, which results from the net income of both spouses multiplied by three months. If necessary, 10% are added for supply equalization. If the spouses do not have a regular income, a quarterly average is used for the calculation. If one of the spouses is unable to bear the costs, legal aid (formerly legal aid) can be granted. In order to receive this help, you as an applicant must be in need and have a chance of success.

Are you still looking for a suitable lawyer for your amicable divorce? With us you are at the right address! We offer you professional advice as well as clear cost estimates for the legal fee. Our law firm will accompany you transparently and efficiently from start to finish of the divorce proceedings.

What requirements must be met in order to have an amicable divorce?

In addition to the mutual agreement on the divorce of the marriage, there are further requirements Civil Code (BGB) explained.

The marriage must have failed.

There is no longer any marital cohabitation and there is no prospect of an imminent restoration.

The couple has been living apart for at least a year.

The year of separation is mandatory and is intended to protect against hasty decisions.
If you are still living in the same apartment during the year of separation, it is advisable to record the exact date of separation in writing and sign the document. In the family court, this then serves as proof of compliance with the year of separation.
Statements from acquaintances can also support your statement.
If you already live in separate apartments, a new rental agreement or a registration certificate can serve as proof.

To ensure that an amicable divorce takes place, it is advisable to discuss the main consequences of the divorce in advance. If this is difficult for you, engaging a mediator may also be considered.

As a family law attorney, I would be happy to support you with your divorce. I would be happy to check for you whether all the requirements have already been met and whether possible discrepancies can be resolved out of court. My goal is to complete your divorce as quickly as possible. So please call us and arrange a consultation appointment!

How does an amicable divorce happen?

If you and your partner have agreed to divorce, you are probably wondering what the process will be like. By deciding to divorce, you have already taken the first and most difficult step. Now you are looking for an experienced lawyer in the field of divorce law. He will discuss your wishes and goals with you and provide you with transparent information about the legal situation. If both spouses agree, a lawyer will be hired. The application for divorce must then be prepared in court. All relevant aspects of the consequences of divorce must be regulated in consultation with a lawyer. The following questions often arise:

Who stays in the marital home?
How are assets divided?
How should shared debts be handled?
Who should the children live with and how should visitation rights be regulated?
Who bears the costs for the children (e.g. clothing, school supplies)?
Are there claims to maintenance and if so, how are these regulated?

Submitting the application begins the divorce process. After the court has reviewed the documents, a date will be set at which both spouses must be present. This is the last opportunity to contest the divorce. Otherwise, the amicable divorce has been completed, but is not yet legally binding.

If you and your partner still have disagreements about important consequences of the divorce, I will be happy to assist you. Together we will create a customized divorce application that meets all of your wishes and needs.

I'll take care of your divorce

If you are still looking for a competent and experienced lawyer for your divorce, I am at your side. I not only provide you with legal support at the highest level, but I also support you personally. Even if an amicable divorce means less hassle and less expense, it is still a divorce. In addition to anger and sadness, a divorce is always a high cost factor. In addition, many legal matters have to be decided that have a major impact on your future and that of your family. Particularly specific consequences of divorce are difficult for laypeople to recognize, let alone estimate their extent. For this reason, an independent and professional perspective is necessary that can settle out-of-court disputes and calculate your divorce costs for you. Furthermore, you legally need a divorce lawyer to represent your interests in family court. With me at your side, you are in safe hands there.

Have you and your partner decided on an amicable divorce? With our support, this process will be as optimized and cost-effective as possible! Contact us now for a comprehensive initial consultation!

Frequently asked questions (FAQ)

How can the year of separation be documented in the family court?

Since there is no official body where spouses can report a separation, the new rental agreement or a registration certificate can be used as proof. Witnesses can also confirm how long the couple has been living apart. If the spouses separated within the same apartment, a written agreement is sufficient.

What is profit compensation?

The law applies to the division of assets built up by the spouses during the marriage, provided there is no prenuptial agreement. Accordingly, both spouses are entitled to half of the other's capital gains during the marriage. In order to be able to carry out the asset settlement, it is necessary that all of your assets are documented.

How is the procedural value determined?

To calculate the costs of a divorce, the net income of both spouses for three months is multiplied and the procedural value is determined. If necessary, an additional 10 % will be added for the pension equalization. This value forms the basis for calculating the divorce costs.

What does the term pension equalization mean?

Spouses' pension entitlements often have different amounts. The pension equalization aims to compensate for these differences. According to the Pension Equalization Act, any pension entitlement that was acquired during the marriage is halved equally and 50 percent is credited to both partners.

What conditions must be met in order to receive legal aid/legal aid?

If you are financially unable to cover the costs of the procedure, you have the option of applying for legal aid from the state. The prerequisite for this is that the applicant is in need and the procedure has a chance of success. In our office we will be happy to support you in submitting the application and represent your interests in the process.

When is someone considered needy?

You are considered to be in need as soon as you are unable to finance yourself from your own income and assets. Only then are you entitled to maintenance. In contrast to separation maintenance, you are then obliged to look for appropriate employment. This should match your education, skills, age and health.

When is a person considered capable?

A lawyer is considered efficient if he or she is able to make maintenance payments without jeopardizing his or her own reasonable livelihood. The paying partner must always have a deductible. According to the current Düsseldorf table, the monthly personal consumption currently amounts to 1,280 euros for employed people and 1,180 euros for non-employed people.

What is the meaning of the Düsseldorf table?

This is a generally accepted guideline for the maintenance needs of minor children, which is based on the minimum maintenance requirement. The Düsseldorf Higher Regional Court regularly revises the maintenance rates in cooperation with the German Family Court Association.

Who is obligated to pay maintenance after a divorce?

According to the Civil Code (BGB), the parent with whom the minor child does not stay permanently is obliged to pay so-called cash maintenance. In the case of adult children who are in training or studying, both the father and mother are obliged to provide maintenance.

When is a spouse entitled to separation maintenance?

If you do not have sufficient financial resources and your ex-partner earns enough, you are entitled to separation maintenance during the period between the separation and the final divorce. You should request this support in writing and include all of your spouse's income.