Though law in 1353 BGB installs that marriages between people are concluded for life, sometimes forms the situation,when spouses

Though law in 1353 BGB installs that marriages between people are concluded for life, sometimes forms the situation,when spouses can not further on the strength of various reasons to live together. In such events is allowed termination of the marriage, which possible in judicial order only. In accordance with law, the marriage can be terminated if he распался. At marriage is considered disintegrated if spouses live separately as minimum one year and reconstruction their joint life is not expected. At mutual agreements of the spouses, the court stands the judicial decision on termination of the marriage.

Under separate residence follows to understand not only residence in miscellaneous apartment. Separately possible live and being in one apartment if spouses live in miscellaneous room and lead the separate facilities. Such is a separate residence in the same way is a base to consider the marriage disintegrated. In exclusive events ( 1565 BGB) possible termination of the marriage and in the absence of separate residence in current of one year i.e. immediately. The Reason for termination of the marriage herewith is impossibility of the continuation of the marriage relations, for instance if the most further joint residence unbearably for proposer on the strength of aggressive behaviour on the part of the other spouse. One of частых errors is an opinion that under not consent of the second spouse on divorce, for termination of the marriage necessary separate residence in current three years.

Really about three-year period is spoken in 1566, but sense of this rate is concluded in that that under separate residence in current three years, unchallengeable is expected that marriage распался and objections other sides cut no figure. The Marriage is terminated at the request one of the sides. When spouses live separately less three years and one of the spouses does not want the divorce, court will value all circumstance and presented by sides proof about рападе and impossibility of the recovering the marriage and will come to a conclusion. What this will be a decision depends in each concrete event from established in family of the situations, but on statistics 80% such decisions positively. The Ithaca, at presence specified circumstance, statement about divorce can be подано in household court. The Law provides the obligatory participation of the attorney in devorce process. Only attorney has the right in interest of the client to make for court statement about termination of the marriage.