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Family law Augsburg, divorce, maintenance, custody

Separation, divorce, maintenance, custody: in family law, hard cash depends on deadlines and reference dates. We represent you in Augsburg before the Family Court, from the year of separation through calculating maintenance to arrangements for custody and contact. Where an amicable solution is possible we negotiate it; where it fails, we conduct the proceedings.

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Divorce and the year of separation under § 1565 BGB

A marriage is dissolved by divorce where it has broken down (§ 1565(1) BGB). After a year of separation, breakdown is presumed, provided both spouses petition for divorce or the respondent consents (§ 1566(1) BGB). Without that consent, the presumption only applies after three years of separation (§ 1566(2) BGB).

Two separate homes are not required for this. Spouses are living apart as soon as no domestic community exists any longer and one spouse clearly does not want to restore it, even within the marital home (§ 1567(1) BGB).

Before the year of separation has elapsed, divorce is possible where continuing the marriage would constitute unreasonable hardship for the petitioner for reasons relating to the other spouse (§ 1565(2) BGB).

The court hears and decides the divorce together with ancillary matters in consolidated proceedings (§ 137(1) FamFG). Ancillary matters are the pension rights adjustment, maintenance, the marital home and household goods, and matrimonial property, where a spouse brings them at the latest two weeks before the first-instance oral hearing (§ 137(2) FamFG). We plan this deadline together with you.

Child maintenance, separation maintenance and spousal maintenance

A minor child can demand maintenance from the parent with whom it does not live in one household, expressed as a percentage of the minimum maintenance (§ 1612a(1) BGB). The bands are 87 per cent up to the child’s sixth birthday, 100 per cent up to the twelfth and 117 per cent from the 13th year (§ 1612a(1) BGB).

The Düsseldorf Table, in the version applicable from 1 January 2026, assigns amounts to these bands by income group. Spouses living apart owe each other the maintenance appropriate to their living, earning and financial circumstances (§ 1361(1) BGB).

After divorce, it is each spouse’s own responsibility to provide for their own maintenance (§ 1569 BGB). Maintenance from a divorced spouse is available only where one of the statutory grounds is met. We calculate the figures and enforce the result at Augsburg Family Court.

Custody and contact after separation

When parents separate, joint parental custody continues until one parent applies for sole custody and the Family Court transfers it (§ 1671(1) BGB). The application must be granted where the other parent consents; from the completed 14th year the child can object.

Without consent, the court transfers sole custody only where that best serves the child’s welfare (§ 1671(1) no. 2 BGB). We represent you in custody and contact proceedings.

The right to determine residence and the shared residence model

The right to determine residence is part of parental custody and can be transferred to one parent alone under § 1671(1) BGB. It determines where the child has its centre of life.

A shared residence model, meaning care split approximately equally between both parents, is ordered by the Family Court as part of a contact arrangement under § 1684 BGB. The standard is whichever decision, taking into account the actual circumstances and the legitimate interests of those involved, best serves the child’s welfare (§ 1697a BGB). We assess which care model works in your case.

The right to contact and supervised contact

Every child has a right to contact with both parents (§ 1684(1) BGB). Conversely, every parent has a duty of contact. The Family Court may restrict or exclude contact only to the extent required for the child’s welfare (§ 1684(4) sentence 1 BGB).

Excluding contact for a longer period or permanently requires that the child’s welfare would otherwise be endangered (§ 1684(4) sentence 2 BGB). Supervised contact is a milder measure. The court can order that contact only take place in the presence of a third party willing to assist; that third party can also be a youth welfare provider or an association (§ 1684(4) sentences 3 and 4 BGB).

Equalisation of accrued gains, prenuptial agreements and protection from violence

Besides divorce, maintenance and custody, in Augsburg we handle the financial consequences of the marriage and protection from domestic violence. Both proceed through separate applications to the Family Court, with their own reference dates and their own deadlines. We file these applications for you.

Calculating the equalisation of accrued gains and demanding disclosure

Where one spouse’s accrued gain exceeds the other’s, the other spouse is entitled to half the surplus as an equalisation claim (§ 1378(1) BGB). For calculating the gain on divorce, the date on which the divorce petition becomes pending is decisive (§ 1384 BGB).

Each spouse can demand disclosure from the other of their assets at the point of separation as soon as the divorce has been petitioned (§ 1379(1) BGB). Such a claim already exists once the spouses are living apart (§ 1379(2) BGB). We calculate the equalisation claim and enforce the disclosure.

Protection from violence: protection orders and allocation of the home

The Family Court can prohibit the perpetrator from entering the injured person’s home, approaching them, visiting their usual whereabouts or making contact (§ 1(1) GewSchG). Anyone who breaches an enforceable order faces up to two years’ imprisonment or a fine (§ 4(1) no. 1 GewSchG).

Where the couple had a shared household intended to be permanent, the injured person can demand sole use of the home (§ 2(1) GewSchG). Where it is owned by the perpetrator, the court limits the transfer to a maximum of six months and can extend it by up to a further six months where no other home could be found on reasonable terms (§ 2(2) GewSchG).

Where there is an urgent need, the order is issued provisionally as an interim order (§ 49(1) FamFG). We file the application.

Further information

These topics may also be of interest:

This information does not constitute legal advice in an individual case.

Family law Augsburg, divorce, maintenance, custody

FAQ

Frequently asked questions: Other practice areas

How long does a divorce take in Augsburg?
An uncontested divorce at Augsburg Family Court typically takes four to six months after the year of separation has elapsed. The longest delay is usually caused by the pension rights adjustment, for which the pension insurance providers must supply information. A contested divorce with ancillary matters can take one to three years.
Do I need my own lawyer for the divorce?
At least one spouse must be legally represented. In an uncontested divorce, one lawyer filing the petition is enough; the other spouse simply consents. Where points are contested, each spouse should instruct their own lawyer to protect their interests.
How is child maintenance calculated?
The basis is the Düsseldorf Table, which grades maintenance by the net income of the person liable and the age of the child. Half the child benefit is deducted from the table figure. Where income is above average or the child has particular needs, maintenance may be higher. We calculate your specific entitlement.
Can the court order the shared residence model?
Yes. Since 2024 the court has had an express statutory basis under § 1679(3) BGB for ordering the shared residence model. The condition is that it serves the child's welfare and that both parents are capable of communication and cooperation. The court will not impose it where the parental relationship is highly conflicted.
What does a divorce cost in Augsburg?
Court and legal fees are based on the procedural value. In the divorce matter the Family Court sets it according to the circumstances of the individual case; the starting point is the net income earned by both spouses in three months (§ 43(1) and (2) FamGKG). For the pension rights adjustment, a separate value is added for each pension entitlement (§ 50(1) FamGKG). The procedural value gives the court fees under the FamGKG and the lawyer's fees under the RVG (§ 2(1), § 13 RVG). At least one spouse must be legally represented (§ 114(1) FamFG). Those who cannot afford the costs apply for legal aid (§ 76(1) FamFG in conjunction with §§ 114 et seq. ZPO). We explain which procedural value applies in your case before you instruct us.
How can I protect myself against domestic violence?
Contact the police and apply to Augsburg Family Court for a protection order under the Protection Against Violence Act. In urgent cases the court can impose contact bans and allocate the home on the same day. We accompany you through the process, confidentially and at short notice.

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