Lebenspartnerschaft - Aufhebung

If you wish to end your civil partnership, you can apply for the termination of your civil partnership.

A civil partnership can be dissolved by the court under certain conditions.

To file an application with the competent district court – family court – please contact a lawyer. Your partner does not need legal representation if he or she agrees to the cancellation and does not want to file any applications themselves.

In the court proceedings, it is examined whether one of the grounds for annulment exists.

As a rule, the following must be submitted:

• Your photo ID
• the marriage certificate in the original or in a certified copy

Please seek legal advice as to which documents your lawyer requires from you.

• They have been living apart for a year and
  • both want the repeal or
  • it cannot be expected that a partnership between you can be restored, or
• You have been separated for three years or
• You have not yet been separated for a year, but the continuation of the partnership would be for you for reasons related to

• Lawyers' fees according to the Lawyers' Remuneration Act (RVG)
• Costs of the court, § 43 Act on Court Costs in Family Matters (FamGKG)
• in each case calculation according to the amount of the object value (income and assets dependent)
• legal aid may be applied for in case of need
• As a rule, the court orders an order for costs to be set off. This means that each of the life partners bears their own legal fees and half of the court costs.
• If the life partners have made another agreement on the costs, the court may agree to this in whole or in part.
• If the application for annulment is rejected, the applicant must bear all costs.
• Tip: You can obtain specific information about the costs incurred in the proceedings from your lawyer.

Your lawyer must apply to the family court for annulment on your behalf.

• The court will serve your partner's application for annulment. There is no obligation to be represented by a lawyer in order to approve the divorce petition.
• At the hearing on the application for annulment, the life partners are usually heard in person on the conditions for annulment.
• If the conditions for termination are met, the family court will pronounce the termination of the civil partnership by order.

• At least 3 months due to the given procedure, in more complex proceedings possibly longer, depending on the individual case

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Complaint according to §§ 58 ff. FamFG against the family court decision within one month by a lawyer

• Civil partnership Dissolution
• Obligation for the applicant to be represented by a lawyer
• Life partner does not need legal representation if he or she agrees to the cancellation and does not want to file any applications himself.
• Preconditions:
  • Separated for a year and
    • both life partners want the repeal or
    • it cannot be expected that a partnership between the life partners can be restored, or
  • a life partner applies for annulment and the life partners have been living separately for 3 years
  • in the case of separation of less than one year, the continuation of the partnership would be an unreasonable hardship for the applicant for reasons relating to the person of the life partner.
• Jurisdiction: District Court – Family Court –

Please contact a lawyer.

The district court responsible for you pursuant to § 270 para. 1 sentence 1 in conjunction with § 122 FamFG – family court – determines the lawyer appointed by you.

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