In Germany, there will be no consensual divorces in the express tempo for the time being. An appropriate push the registrars regard as failed. Unfortunately, we could not prevail with the initiative in the Federal Ministries of Justice and Interior in Berlin, it said that there is no political interest, "said the Federal Association of German civil servants (BDS).
The association also blames the influence of lobbying associations. Lawyers, for example, would lose high revenues if divorces were faster and cheaper.
The BDS had repeatedly suggested that instead of bringing proceedings before the family court, registrars could, under certain conditions, dissolve the marriage if the person so wishes. The association emphasized that the registrars had the necessary expertise. Family courts would be relieved.
The reason for this was also a reference to other EU countries. The BDS called about Spain, Italy or Greece. There, the pure administrative act of a divorce, in which there is no dispute and no minors are affected, settled faster. Above all, in consensual cases no courts should be sought, said the BDS.
In Italy, where separations without the involvement of courts since December 2014 are possible, the divorce costs just 16 euros and in Spain 50 euros fees, reported the BDS. In Germany, however, swallow the step by attorney fees quickly times 2000 euros.
"We are lagging behind the development in Europe is clearly a different trend and we are in an exotic position," said Karl Krömer, chairman of the expert committee in the German Registrar Association. To be able to realize consensual divorces in a fast-track procedure is "overdue".
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Family lawyers argue against it and say, even with many separations, which initially appeared uncomplicated, would in practice again and again points of contention. When it comes to subtleties such as the equalization of benefits and the gaining of compensation between spouses, it gets tricky. In Germany, about 148,000 marriages were divorced in 2018 according to the Federal Statistical Office.