Legal separation and divorce

Divorce proceedings may be brought before the district courts. This applies in particular if a permit to legal separation or divorce is not granted by the District Commissioner, for example if one spouse fails to attend a scheduled interview or refuses to legally separate or divorce, the spouse who wishes to legally separate or divorce must institute court proceedings before the district court. It is not necessary, however, to seek first recourse to the District Commissioner in connection with a divorce or legal separation before filing a divorce or legal separation case in court.

In the divorce or legal separation proceedings before the courts, a claim of legal separation, an immediate divorce or, as the case may be, a divorce following a legal separation can be made. In a court case, the judge shall have the legal authority to take a substantive position on whether to grant the divorce on the basis of the claim, irrespective of whether the spouses agree.

In court divorce or legal separation cases, the custody, domicile and child maintenance of a married spouses must still be determined. The assets and liabilities must also be divided if they are to be distributed or, as the case may be, declared to be insolvent.

If there is no agreement on custody and/or legal domicile of children, custody and/or legal domicile proceedings must be brought before the courts.

If there is no agreement on financial transactions, official public settlements must be ordered by the courts. In court proceedings for divorce, a petition for an official public settlement must be submitted at the same time, or confirmation must be submitted that official public settlement proceedings have begun.