Overview
- The justice ministry circulated a referentenentwurf by Minister Stefanie Hubig on May 21–22 that would clarify when intentional physical, sexual, psychological or freedom‑related harm counts as "unzumutbare Härte," allowing victims to seek divorce before the one‑year separation rule.
- The draft for the first time defines "häusliche Gewalt" for family‑law cases and requires judges to use a criteria catalog — including frequency, duration, intensity and risk of repetition — when deciding custody, contact and child welfare questions.
- Procedural changes in the text aim to boost victim safety by letting affected parents keep new addresses confidential, allow cases to be heard at a former child residence under set conditions, and limit court pressure to force agreements with an alleged abuser.
- Children aged about 14 and older would get stronger participation rights in family proceedings and the draft creates tools such as an appointed contact supervisor to manage handovers and reduce direct encounters between victims and accused partners.
- The bill is at the consultation stage: Länder and associations may comment until July 10, 2026, and the ministry may revise the draft before any cabinet or parliamentary steps; the measures respond to high official counts of domestic violence, around 266,000 victims cited by the BKA.