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Old 10 December 2018, 12:52 PM
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Don Enrico Don Enrico is offline
 
Join Date: 05 October 2004
Location: Hamburg, Germany
Posts: 7,694
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We have the same requirement here - no living as a couple for one year. But in cases where both parties agree that that is the case (and you can stop living as a couple while still living in the same flat), the court doesn't question that. Or at least not more than "It says here that you stopped living as a couple in March 2017 - is that correct? - Thank you."

A way to get by this requirement is for the court to decide that despite not being seperated for at least a year, there is no way that the couple will find back together. In the case in the OP, it seems quite clear that there is no chance for the couple - the "original couple", if you will, the one that married years ago - to come back together because one of the partners doesn't exist anymore - at least not as the person that once married.
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