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275Divorce proceedings

A divorce application requires legal representation.

Divorce is granted by the family court. The exam answer identifies legal assistance; exceptions apply to particular declarations.

About 4 min readReviewed: 20 October 2026
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Family Proceedings ActSection 114 · Legal representation
Symbolic procedural papers without real names, applications or court documents.
The short answer

The support of a lawyer.

Someone filing for divorce generally needs legal representation for the application. Section 114 of the Family Proceedings Act governs representation in matrimonial matters. The other person may, however, give simple consent to the divorce without their own lawyer.

Try it for yourselfExam question · No. 275
What do you need for a divorce in Germany?

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Marriage ends through a court decision.

A private agreement, relatives’ approval or a medical letter does not end a marriage. Under section 1564 of the Civil Code, divorce is granted by court decision on application; the marriage ends when that decision becomes final. Legal representation is part of the proceedings, not permission from the family.

The exam question compresses the process considerably. Legal assistance is the appropriate answer for the application. It does not follow that both people in every agreed divorce must each have their own lawyer for every declaration. Section 114 expressly includes exceptions.

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AI-generated study conversation, not an actual legal consultation or divorce situation.

The other three answers

Relatives and medical services do not replace the proceedings.

the consent of the parents

The spouses’ parents do not have to authorise the divorce. It is decided through the legal process.

a medical certificate

A medical certificate is not a general substitute for the divorce application and legal representation.

the consent of the children

Children do not have to consent to their parents’ divorce. Matters affecting children may be important in connection with separation, but they do not give children a general veto over divorce.

Consent to divorce is not representation of both sides.

The consent exception must not be understood as saying that one lawyer automatically represents both spouses. Separate applications and other disputes may create different requirements.

Representation is only one part of divorce proceedings. The substantive conditions for divorce and any related matters also require assessment. This guide does not calculate costs or deadlines for an individual case.

Section 114 · Legal representation · Family Proceedings Act ↗
Your memory cue

Divorce application: legal representation. Simple consent: a statutory exception.

Remember the exam answer together with the important procedural distinction.

Three words for this question

der Scheidungsantragdivorce application
An application asking the court to dissolve a marriage.
die Vertretungrepresentation
Legal action by an authorised person on another person’s behalf.
die Zustimmungconsent
A declaration of agreement with a particular application or step.
FamFG · § 114 ↗

Separation, application and the legal end of marriage are different steps.

254In Germany, married couples are allowed to divorce. Usually they must observe the 'separation year'. What does that mean?
Catalogue answer

The man and woman lead their own separate lives for at least one year. Then divorce is possible.

The separation period and its legal conditions are explained separately.

272Which way of life is not allowed in Germany?
Catalogue answer

A man is married to two women at the same time.

A new relationship does not end an existing marriage.

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Sources & context

An independently written study guide, not an official BAMF publication or advice for an individual case. The sources below were reviewed on 20 October 2026 for the claims explained here; the test question comes from the existing question bank.

  • FamFG · § 114 ↗Governs legal representation in matrimonial proceedings and exceptions, particularly simple consent to divorce.
  • Bürgerliches Gesetzbuch · § 1564 ↗Establishes judicial divorce and finality; official wording checked in earlier research on this date, renewed individual retrieval unavailable.
  • BAMF · Gesamtfragenkatalog ↗Question 275 from the existing question bank, stated catalogue date 7 May 2025. The PDF could not be retrieved during this review; the existing questions and translations were not replaced.

The two editorial pictures are AI-generated illustrations. They do not document real events or official proceedings.