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Amicable divorce: Fast, cost-effective and without a war of roses
Specialist article in family law
Amicable divorce: Fast, inexpensive and without disputes
An uncontested divorce allows couples to separate quickly and cost-effectively – without any stressful conflicts. If both spouses agree on the separation and its consequences, I can act as their attorney. This not only saves time but also considerable costs, as only one attorney needs to be hired. This allows for a smooth, uncomplicated fresh start without protracted disputes.
Amicable and contested divorce: What is the difference?
Divorce can be conducted either by mutual consent or by contested consent. A divorce is considered to be by mutual consent if both spouses:
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have a desire for a divorce and
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have reached an agreement on the consequences of the divorce.
In this case, it is sufficient for one spouse to file for divorce while the other simply agrees – without the need for a lawyer.
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In a contested divorce, however, both parties are represented by a lawyer, which leads to longer proceedings and higher costs.
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Since in Germany a lawyer is required for the divorce petition, it must be submitted to the family court by a lawyer.
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However, the other spouse can consent to the divorce without hiring a lawyer.
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A major advantage of an amicable divorce is that it saves time, money and unnecessary conflict.
As an experienced family law attorney, I will guide you professionally and sensitively through the divorce process. Whether it's an amicable divorce or a contentious dispute, I will advocate for your interests and ensure a legally sound and efficient solution. Get a consultation now!
Divorce by mutual consent: Conditions for a speedy separation without conflict
Even if both spouses agree, certain legal requirements must be met for a consensual divorce. The central regulation for this can be found in Section 1566, Paragraph 1 of the German Civil Code (BGB), which legally defines the breakdown of a marriage.
To enable a divorce without conflict, the following conditions must be met:
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The spouses must live separately for at least one year (separation year).
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A divorce petition can be filed no earlier than 10 months after the separation in order to expedite the process.
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However, this can entail legal risks and should be examined individually.
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I have to file the divorce petition with the relevant family court.
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The application contains essential information such as the details of the spouses, common children, the date of separation and certain consequences of the divorce.
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The spouses must agree on all consequences of the divorce.
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The consent must be clearly evident in the divorce petition, which I, as the appointed lawyer, ensure.
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The other spouse must consent to the divorce in order to allow the process to proceed without dispute.
If these conditions are met, the marriage can be dissolved amicably – without lengthy legal proceedings or emotional stress.
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Tip: Regulate the consequences of divorce early
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In order to further simplify and shorten the legal proceedings, a divorce settlement agreement can be drawn up.
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In this agreement, binding arrangements regarding maintenance, division of assets and custody are made in advance in order to avoid disputes and prevent a war of roses.
An amicable divorce saves time and money, and prevents a stressful divorce. As an experienced family law attorney, I will guide you through the entire divorce process. Let me advise you now!
Amicable divorce: What costs will I incur?
The costs of an amicable divorce are based on the so-called procedural value, which is largely determined by the following factors:
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Income of both spouses
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Assets of both spouses, less certain allowances
Both court fees and legal fees are calculated based on this procedural value.
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Court costs
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The responsible family court will only take action once the advance payment for court costs has been made.
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Court costs consist of court fees and expenses.
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In principle, the person filing for divorce must advance these costs.
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After the proceedings are concluded, the spouses usually share the court costs equally.
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Legal fees
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A major cost advantage of an uncontested divorce is that only I am required as a lawyer.
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The statutory attorney fees are also based on the value of the case and are generally paid by the attorney’s client (applicant).
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In order to distribute the financial burden fairly, I recommend that the spouses reach an agreement in advance to share the costs equally.
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Conclusion: Amicable divorce saves costs
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Since there is no lengthy court battle, an amicable divorce is not only less stressful but also financially manageable.
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An early agreement on the consequences of the divorce can also avoid additional costs and speed up the process.
How long does an amicable divorce take?
The duration of an uncontested divorce is influenced by various factors – some of which the spouses can control themselves, while others are the responsibility of the court.
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Since an amicable divorce takes place without lengthy conflicts, it is usually completed much more quickly than a court-martial.
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In many cases, the duration of the divorce is shortened by several months.
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How long the proceedings at your local family court take depends on the workload and individual circumstances.
As a family law attorney, I would be happy to advise you and give you a realistic estimate of how long you can expect your specific case to take.
Risks of an amicable divorce: What I should pay attention to in order to avoid a war of roses
Although an amicable divorce is faster and more cost-effective than litigation, there are some risks that should not be underestimated. A key aspect is legal representation:
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Since only one lawyer is hired in an amicable divorce, he or she represents exclusively the interests of his or her client – not those of both spouses.
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For professional reasons, as a lawyer I am only allowed to advise and support one party at a time.
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The unrepresented spouse is therefore at a structural disadvantage, even if he or she believes that all consequences of the divorce have been settled fairly.
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Without your own legal advice, financial and legal risks can be overlooked.
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Divorce settlement agreement: protection against future conflicts
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A common mistake is to forgo a divorce settlement agreement.
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If no clear arrangements are made regarding assets, maintenance or custody, subsequent disputes can arise after the divorce – often with significant financial consequences.
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In such cases, two lawyers have to be involved, and the supposedly simple separation turns into a costly legal dispute.
To ensure that an amicable divorce actually proceeds smoothly, I recommend drafting a divorce settlement agreement early on. This will avoid unexpected difficulties and ensure that a harmonious separation doesn't turn into a bitter divorce.
Clarify the consequences of divorce: equalization of accrued gains, maintenance and other aspects without disputes.
An amicable divorce will only run smoothly if all the consequences of the divorce are clearly defined. A divorce settlement agreement allows you to contractually stipulate all important rights and obligations after the marriage. This avoids future conflicts and prevents an unexpected war of roses.
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Which consequences of divorce can be settled amicably?
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Maintenance: Separation maintenance and post-marital maintenance
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Asset allocation: Equalization of accrued gains and financial arrangements
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Pension adjustment: Distribution of pension entitlements
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Marital home: Regulation for own or rented property
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household goods: Distribution of household items
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Children: custody and visitation rights
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Marriage contract and divorce settlement agreement – legal certainty for both parties
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Divorce settlement agreements can be drawn up before, during or after the divorce.
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If a marriage contract already exists, it often contains provisions regarding important consequences of divorce.
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I review existing contracts for effectiveness, completeness and expediency and, if necessary, adapt them to the needs of both spouses.
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Faster divorce by waiving pension equalization
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If the spouses' main concern is to finalize the divorce as quickly as possible, waiving the pension adjustment can further accelerate the process.
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I will examine on an individual basis whether pension equalization would be necessary in your case at all and whether waiving it is legally possible and sensible.
An early divorce settlement can save time and money and prevent a straightforward separation from turning into an expensive divorce. Consult me, your family law attorney, now!
Divorce without conflict – legal support for a harmonious transition
With an amicable divorce, you benefit from a quick and cost-effective solution that avoids lengthy disputes. I will professionally guide you through the entire process – from strategic planning to the final divorce. My legal services for an amicable divorce include:
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Individual advice: Check whether an amicable divorce with only one lawyer makes sense in your case
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Legal review: Checking the divorce requirements for a smooth process
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Support during divorce proceedings: From filing the divorce petition to the final divorce
In addition, I support you in drafting or reviewing a divorce settlement agreement to avoid disputes and establish clear arrangements for maintenance, assets, and custody.
As a specialized lawyer, I will ensure that your separation is fair and legally sound. Let me advise you now and embark on a new phase of your life without worry.
Make an inquiry now
We would be happy to advise you comprehensively and personally on your concerns.
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