The German Ministry of Justice, through Federal Minister Stefanie Hubig (SPD), has proposed legislation aimed at allowing victims of domestic violence to secure divorce from their partners more quickly. This proposed change to family law is designed to meet the urgent needs of abuse survivors, enabling them to end marriages marred by violence as soon as possible.
According to Hubig, those who experience violence from a partner should be able to proceed with divorce even without having completed the customary period of separation. She stated to the newspapers of the Funke Media Group that a legal clarification is needed to make this possible.
Currently, in Germany, marriages are typically dissolved only after the requisite separation period has passed. An earlier divorce is only permitted if the ongoing situation constitutes an “unreasonable hardship” for one of the parties. Hubig’s draft clarifies these conditions, stipulating that an unreasonable hardship exists, for example, if a wife wishing to divorce, or a child living with her, has been “intentionally and unlawfully injured in body, health, freedom, or sexual self-determination” by her husband.
Furthermore, the proposal addresses protection issues during family court proceedings. Hubig’s plan ensures that victims of domestic violence can maintain greater secrecy regarding their current residence when involved in family law cases against the other parent. Under the current system, proceedings must take place at the child’s current address, which allows an abusive ex-partner to deduce the victim’s living location. Hubig argued that individuals affected by violence should not face added danger simply by having to reveal their address during legal proceedings, stressing that victims should not be put at renewed risk by the process itself.
To achieve this, the SPD politician intends to introduce a new jurisdictional option, allowing family courts to hear cases at the child’s former residence. Hubig insisted that “violence in the family is not a private problem” emphasizing the public need to rely on state protection, and highlighting the “key role” of family courts in this mission.
