Trennungsjahr

Trennungsjahr is a term in German family law describing the one-year period of separation required before a divorce can be granted. It reflects the idea that the marriage has become irretrievably broken and that separation is the preliminary step in the dissolution process.

The period begins when the spouses start to live apart with the intention to end the marriage. It is not merely a temporary or bureaucratic separation; rather, there must be a change in the marital relationship, so that the couple no longer acts as a married couple. Different living arrangements can constitute separation, as long as they involve a clear division of the spousal relationship.

During the Trennungsjahr, the spouses may still work out financial matters, childcare arrangements, and other practical questions, but the marriage itself is not dissolved. The year serves as a prerequisite for filing for divorce under the usual grounds of irretrievable breakdown of the marriage (Zerrüttung der Ehe). If the separation period is completed and the breakdown is established, divorce proceedings can proceed in court.

Exceptions and practical considerations vary by case. The exact timing and requirements can depend on court practice and specific circumstances, and there may be variations in how the year is counted or applied in different situations. Trennungsjahr also interacts with related issues such as property regime, maintenance, and child custody in the ongoing divorce process.

Originating from the German Civil Code, the concept of Trennungsjahr is a foundational part of how German divorces are structured and understood in everyday language as the mandated year of separation before divorce.