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BGB 1316. 3 In the case of a breach of sections 1304 , 1306 and 1307 , and in the cases of section 1314 ( 2 ) nos . 1 and 5 , the competent administrative authority should file the petition , unless the annulment of the marriage would represent such severe hardship for one spouse or for the children of the marriage that , exceptionally , it seems advisable to maintain the marriage .
BGB 1568. 1 The marriage should not be dissolved by divorce , although it has broken down , if and as long as the maintenance of the marriage , in the interest of minor children of the family , is , exceptionally , necessary for particular reasons or if and as long as divorce , by reason of extraordinary circumstances , would be such a severe hardship for the respondent , who rejects it , that the maintenance of the marriage , exceptionally , appears to be advisable , even taking into account the concerns of the petitioner .
BGB 1611. 1 If the person entitled to maintenance has become indigent as a result of his moral fault , if he has grossly neglected his own obligation to maintain towards the person liable for maintenance or intentionally committed severe misconduct against the person liable for maintenance or a close relative of the person liable for maintenance , the person liable for maintenance need pay a contribution to maintenance only in the amount that is equitable . The obligation lapses completely if it would be grossly inequitable for the person liable for maintenance to be claimed on .