In Germany, das Trennungsjahr is a required part of the divorce process (das Scheidungsverfahren). It’s a one-year separation period that most couples must go through before they can officially file for divorce. This rule applies to nearly all divorces, whether both spouses agree to end the marriage or not. The idea behind it is to give both partners time to think about their relationship and decide whether they truly want to separate for good. It’s also used as a way to prove to the court that the marriage has broken down beyond repair (die Zerrüttung der Ehe).
The Trennungsjahr is mandatory in most cases. However, there are exceptions. For example, if staying married would cause extreme hardship (unzumutbare Härte), such as in cases of abuse or violence, the court may allow the divorce without waiting for a year. These cases need solid evidence and are handled carefully.
During das Trennungsjahr, the couple must live separately, which generally means in different homes (getrennte Haushalte). If that’s not possible, for example, due to financial issues, they can stay in the same home but must lead separate lives within it. This is called die Trennung von Tisch und Bett—literally, separation of table and bed. They stop sharing meals, sleeping in the same room, and helping each other with household tasks. These changes are important to show the court that they are no longer functioning as a couple.
The idea of a mandatory separation period before divorce isn’t unique to Germany. For example, in some U.S. states, couples must also live apart for a certain time before filing for divorce, especially in cases of no-fault divorce. Similarly, in Canada, a one-year separation is the most common path to divorce. However, other countries like France and Italy don’t always have a fixed waiting period, and the process can be quicker if both parties agree. Comparing systems shows how Germany’s approach emphasizes careful consideration and structure.
At the end of das Trennungsjahr, either spouse can file for divorce. If both partners agree to the divorce (die einvernehmliche Scheidung), the court usually grants it without much fuss. If one spouse doesn’t agree, the other must prove that the marriage is beyond saving. This is where the one-year separation becomes important, as it helps show that the relationship is truly over.
The Trennungsjahr is also a time to sort out practical matters. Couples often use this year to figure out spousal support (der Trennungsunterhalt), child custody (das Sorgerecht), and how to divide their belongings (die Vermögensaufteilung). They can do this through informal discussions, with help from lawyers, or even through the court if needed.
Aside from the legal side, das Trennungsjahr gives people space to adjust emotionally and plan their future. It’s a chance to move toward independence, both financially and personally. While the waiting period can feel frustrating for some, it reflects Germany’s belief in handling divorce with care and fairness (die Fairness), making sure both parties have time to adapt and decide what’s best for them.