Benefits & Requirements
Coverage: Requirements for its application
If the marriage has been divorced before the enactment of this law (but probably after signature/publication), the alimony orders of this law apply.
Does this law grant the right to unilateral divorce?
Remarriage waiting period after divorce is finalised
10 months for women, unless the woman has given birth in the meantime
Alimony orders established by this document: eligible beneficiary
Men and women.
Alimony orders established by this document: eligibility criteria
Only the spouse who was not or not mainly found guilty can receive alimony. If none of the spouses was found guilty then the spouse filing for divorce has to pay alimony to the other spouse. Men can only receive alimony if they are unable to provide for themselves. Women can receive alimony up to an amount that establishes their living standard before divorce.
Types of custody established by this document
Sole custody, in the best interest of the child.
Visitation rights established by this document
Yes, the non-custodial parent has the right to see the child. The guardianship court can further regulate visitation rights in the best interest of the child.
Child support: age of emancipation for child support
Child support: maximum percentage of parent's average net income
Read the Law
Original full text source in native language
RGBl 1938 I :807
Original full text web source in native language
Secondary Literature & Sources
- Martiny, D., & Schwab, D. "Grounds for Divorce and Maintenance between former Spouses - Germany". Commission on European Family Law (2002): Available at: http://www.ceflonline.net/wp-content/uploads/Germany-Divorce.pdf
- Essner, C., & E. Conte " “Fernehe”, “Leichentrauung” und “Totenscheidung”. Metamorphosen des Eherechts im Dritten Reich". Vierteljahreshefte für Zeitgeschichte 44(2) (1996): 201-227.