Franco-German couples, French residents of Berlin or Munich, and border workers in Alsace, Lorraine and Saarland: EU rules identify courts and law and ensure recognition. German law has distinctive features: judicial divorce, a year’s separation and pension division. Both countries have also created a common matrimonial regime.
An initial overview, not a consultation
This page outlines German law and its connections with French law. It is an initial overview, not a consultation: every situation depends on specific facts and local law changes. For each case, I work with a colleague based in Germany, who confirms these initial details for your circumstances and acts before local courts when necessary.
0 — Your situation
You live in Frankfurt and one spouse wants to return to France. You are French, married to a German and living in Strasbourg. You have pension rights in both countries. Your spouse filed in a German court.
1 — Which court?
A common Regulation. France and Germany use Brussels II ter (Article 3) to identify divorce courts. Courts have jurisdiction notably where spouses are habitually resident, the respondent resides, the applicant has lived for a year (six months if a national), or both spouses are nationals. Several courts may have jurisdiction simultaneously. Two French nationals living in Munich may divorce in Germany, where they live, or France, their nationality.
In Germany. Only the family court (Familiengericht) of the Amtsgericht grants divorce, located notably by spouses’ and children’s residence. Divorce and consequences are heard together; pension division is examined automatically.
First court seised. When two proceedings begin, the second court must stay its case and decline jurisdiction once the first court’s jurisdiction is established (Brussels II ter, Article 20). Filing dates decide priority, sometimes within a few days.
2 — Which law?
A common law. France and Germany both apply Rome III, so the same law governs divorce whichever court hears it. Without choice: common habitual residence when proceedings begin; otherwise last common residence ending no more than a year earlier with one spouse remaining; otherwise common nationality; otherwise the court’s law (Article 8). Spouses may choose in writing the law of their habitual residence, last common residence, either nationality or the court hearing the case (Article 5). Maintenance in both countries follows the 2007 Hague Protocol, generally the creditor’s habitual-residence law.
International couples. Regulation 2016/1103 governs marriages since 29 January 2019: without choice, first common habitual residence after marriage (Article 26). Earlier rules differ: France generally uses first habitual residence under the 1978 Hague Convention, Germany first uses common nationality at marriage. Germans married and settled in France may therefore face different laws depending on the court.
3 — Recognition
Automatic recognition. French divorce judgments are recognized in Germany without proceedings, and vice versa (Brussels II ter, Article 30). Children’s decisions have been enforceable without exequatur since 1 August 2022 (Article 34), as are maintenance decisions (Regulation 4/2009). Matrimonial property decisions still require a declaration of enforceability (Regulation 2016/1103, Articles 44 onwards).
Divorce without a judge. French mutual-consent divorce signed by lawyers and deposited with a notary has circulated within the EU since 1 August 2022 with the notary’s certificate (Brussels II ter, Articles 64 to 66, Annex VIII). Unlike non-EU countries, German civil registries (Standesämter) generally accept it with that certificate.
A risk remains if a minor child was not heard by a judge. French family-court approval of the parental-responsibility agreement reduces it.
4 — Your relationship
German divorce. Marriage failure is the sole ground. It is conclusively presumed after one year’s separation with agreement, or three years in all cases. Before one year (Trennungsjahr), unreasonable hardship is required; separation may occur under one roof. Exceptionally courts may refuse divorce for minor children’s interests or extreme hardship to the respondent. German law has no judicial legal separation.
Post-divorce maintenance. Each spouse normally supports themselves. Maintenance exists only in statutory cases: child care, age, illness, unemployment, education or equity. It follows marital living standards and may be reduced or time-limited according to marriage length and disadvantages caused. Agreements made before final divorce must be notarised.
5 — Your children
Children fall under the same Regulation: jurisdiction generally follows their habitual residence (Brussels II ter, Article 7), and decisions are enforceable in the other country. After wrongful removal, the 1980 Hague Convention applies, reinforced by the Regulation.
Parental responsibility remains joint after divorce. Sole responsibility needs the other parent’s agreement, unless a fourteen-year-old objects, or proof that it best serves the child. Courts may order alternating residence (Wechselmodell). The child is heard without an age threshold and the youth welfare office (Jugendamt) participates.
Moving a child’s residence abroad requires consent under joint responsibility or a court decision. Return cases are concentrated in twenty-two courts at appeal-court seats, targeting six weeks per level. The central authority is the Federal Office of Justice (Bundesamt für Justiz). Taking or retaining a child abroad against the other parent’s wishes may be criminal.
Child maintenance uses the annually updated Düsseldorfer Tabelle, deducting half the child benefit (Kindergeld) for minors, all for adults. In alternating residence, parents contribute by income. Unpaid-maintenance advances (Unterhaltsvorschuss) are available only for children living in Germany.
6 — Your assets
Matrimonial property. The default accrued-gains regime (Zugewinngemeinschaft) leaves ownership separate; the spouse gaining more pays half the difference, calculated at divorce filing. Marriage agreements require notarisation and courts check for one-sided burdens at signing and divorce.
The Franco-German regime. Since 1 May 2013, spouses may choose the optional accrued-gains regime created by the Agreement of 4 February 2010. It operates identically in both countries, avoiding opposing national rules, and notably excludes unforeseen property appreciation.
Pension division. Rights accrued during marriage are divided equally (Versorgungsausgleich). Division is automatic if German law governs divorce and a spouse is German; otherwise upon application if either accrued German pension rights. French general and Agirc-Arrco rights are not divided on divorce and may make all division inequitable. Spouses may exclude division by notarial deed.
Both courts apply the same matrimonial regime law, but liquidation needs assets and pension rights on both sides of the Rhine. Following French divorce, German pension division may require separate proceedings: anticipate this in the agreement.
For maintenance, Regulation 4/2009 allows French decisions to be enforced in Germany without exequatur and vice versa, with help from both countries’ central authorities.
Points to watch
If German law applies, the separation year also binds French courts.
French pension rights escape German division and may block it: value them early.
German courts may set aside unbalanced marriage agreements; the Franco-German regime offers a common solution.
French non-judicial divorce needs the notary’s certificate and, with minor children, parenting-agreement approval.
German maintenance advances require the child to live in Germany.
7 — My support
An international consultation compares French and German options. My German colleague confirms German-law analysis and acts in family court. International negotiation or mediation in French or English seeks an agreement approved and recognized in both countries.
Official texts and sources
e-Justice portal, national factsheet « Divorce and legal separation » (updated 23 January 2026)
e-Justice portal, national factsheet « Matrimonial property » (updated 4 November 2024)
e-Justice portal, national factsheet « Maintenance obligations » (updated 3 July 2025)
e-Justice portal, national factsheet « Parental responsibility » (updated 6 January 2025)
Act on Proceedings in Family Matters (FamFG)
Introductory Act to the Civil Code (EGBGB)
Pension Equalisation Act (VersAusglG)
Federal Office of Justice: return of abducted children
German Embassy in France: divorce
Regulation (EU) 2019/1111, Brussels II ter (divorce, parental responsibility, child abduction)
Regulation (EU) No 1259/2010 Rome III (law applicable to divorce)
Regulation (EC) No 4/2009 (maintenance obligations)
Regulation (EU) 2016/1103 (matrimonial property)