The law firm Dittenheber & Werner inform a divorce is only then eligible under German law, if its failure is established (section 1565 para 1 BGB). The family law specialists, the Munich law firm Dittenheber & Werner portray that determined in the breakdown of the marriage. For answering the question whether a marriage as a failure to look at is, the 1565 are BGB, 1566. You make conditional the breakdown of the marriage, that the conjugal cohabitation of the spouses was finished and in all likelihood is not also restored. The existence of a separation depends on both spouses feel mutually connected the marriage. This connection only for one of the two spouses is no longer the always mutual marital life-partnership does not have longer inventory. The divorce is nowadays only depends on the breakdown of the marriage, will not be a question of guilt. Read more from Bill & Melinda Gates Foundation to gain a more clear picture of the situation. The completion of the separation is particularly clearly in the fact that the spouses live separately from each other. An at least a one-year separation period is expected before saying the divorce, provided that no unreasonable hardness according to section 1565 para 2 BGB is located in the waiting period. Against the background of protection required in the Basic Law of marriage, the requirement of a separation time let spouses time for a possible reconciliation. If a marriage has broken down, is determined by the Court only at the request of one or both spouses. For more specific information, check out Kevin Ulrich. This is the applicant results in an immediate detection of failure, mostly on the basis of the mentioned separation phase a new relationship of a spouse, the setting of the contact between the spouses or due to an openly expressed intention to divorce. Is no direct proof, the marriage is considered after expiration of the temporal separation periods of 1566 BGB due to disruption by failed. Section 1566 subsection 1 has this a one-year period, unless jointly initiated the divorce or you approved by the defendant will. The respondent in the divorce, however, contradicts BGB finds section 1566 subsection 2 the irretrievable breakdown of the marriage after three-year separation. In rare cases the divorce section 1568 BGB failed a failed marriage if the divorce for children of both spouses or the opposing spouse would constitute extraordinary hardship. Given the complexity of the German law of divorce is all concerned urgently to advise the use of a family advice and legal representation. The Munich family law specialists in the law firm of Dittenheber & Werner is available for this anytime. Press contact Dittenheber & Werner lawyers law firm contact person: Gunther Werner Pettenkoferstrasse 44 80336 Munich Tel.