Before considering divorce, you should be clear about whether you really want it and what its consequences would be. Only you can decide whether you want to take this step. We can help clarify what to expect.
The main consequences of divorce include:
- Allocation of parental responsibility and care of your children
- Where applicable, post-divorce maintenance for a spouse
- Division of assets acquired during the marriage
- Division of occupational pension benefits
Once you understand the possible consequences and decide to proceed, establish whether your partner also wants a divorce. If so, you can file a joint petition. The parties only need to agree that they wish to divorce; they may, but need not, agree on the consequences. We generally recommend trying to agree on these before filing. Both parties will then know what to expect and can find compromises to keep the process as peaceful as possible. This is particularly important where children are involved.
Spouses can regulate the consequences in a divorce agreement. In principle, the court approves the agreed terms unless they are manifestly inappropriate. However, it examines matters concerning children more closely: your arrangements are merely proposals, which the court may change if it considers them not to serve the child's best interests adequately. It is best to prepare the agreement with a lawyer who can explain each party's entitlements and help you find the best solution together. Once prepared, you can submit it with the divorce petition at the place of residence of either spouse. For divorce by joint petition, the spouses not have been separated for two years beforehand.
If only one spouse wants a divorce, an action for divorce is filed rather than a joint petition. The spouses must have been living separately for two years, or other circumstances must make waiting unreasonable. Such exceptional circumstances are recognised only rarely.
In short: First, find out about the consequences of a possible decision. The Legal resources section of our website provides plenty of information. You can then make an informed decision about whether divorce is best for you. Next, establish whether your partner agrees with the idea of divorce or opposes it.