Recognition of a Foreign Divorce in Germany

Divorce decrees that have been issued in an EU member state and have become legally binding are generally recognised in all member states, as stipulated in Art. 21 Para. 1 of the Brussels II Regulation. This regulation also applies to judgements that pronounce the annulment or declaration of the non-existence of the marriage (annulment) and to judgements on legal separation. 

The recognition of judgments from other member states that fall within the scope of application of Art. 21 para. 1 of the regulation does not require a formal recognition procedure in Germany; they are to be recognised ‘automatically’. This replaces the procedure under § 107 FamFG (German Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction) for judgements in matrimonial matters issued in another member state.   

Refusal to recognise divorce decrees, declarations of invalidity and decisions on legal separation issued in a member state can only be considered in exceptional cases. It may only be based on the grounds standardised in the exhaustive catalogue of Art. 22 of the regulation. These are additionally restricted by the prohibitions on review set out in Art. 24-26 of the regulation: 

• According to Art. 24 of the regulation, a review of the jurisdiction assumed by the court of the member state of origin is excluded; the provisions of the regulation on international jurisdiction are not subject to public policy review. 
• Art. 26 of the regulation generally excludes the assertion of alleged factual incorrectness of the decision to be recognised. Under no circumstances may the court or the registrar review the decision on its merits. 

The individual case determines which documents are required for the recognition of a foreign divorce. If the decision is from another EU member state, the divorce decree and a certificate issued by the competent body in the member state of origin are required for recognition. 

A formal procedure following Section 107 (1) FamFG is required in other cases. The state justice administrations are responsible for the recognition decisions, and their local jurisdiction is based on the habitual residence of the spouses. The decision itself is only made at the request of an authorised applica

Please do not hesitate to contact us personally to obtain a comprehensive legal assessment of your case. With our legal advice, you increase the chances that your recognition proceedings will succeed and that your foreign divorce decree will be recognised legally in Germany. Depending on your nationality and residence status, it is also essential to consider what effects a divorce may have on your German residence permit.

In addition to the recognition of foreign divorces, the recognition of foreign wills is also of considerable practical importance. Our lawyers will ensure that the inheritance proceedings run as smoothly as possible.

If the state administration of justice decides to recognise or not to recognise a foreign divorce decree, this decision is binding on all courts and administrative authorities in the German jurisdiction. If recognised, the marriage is also deemed to be divorced within Germany. If no recognition proceedings are initiated, the spouses continue to be considered married. This can have considerable consequences, particularly in family and inheritance law. For example, remarriage is impossible for either spouse due to the double-marriage ban. However, such a marriage is punishable in Germany following § 172 German Criminal Code (StGB). If a further marriage is entered into abroad, it can be dissolved within Germany if the state judicial office has not recognised the dissolution of the first marriage.

The consequences under German inheritance law must also be considered. In the event of the death of one of the spouses, the other spouse inherits a quarter of the assets according to the statutory provisions or half of the assets in the case of a community of accrued gains. Depending on the individual case, the surviving spouse can inherit the entire estate of the deceased spouse. This means that the financial consequences of inheritance are considerable if the divorce has not been legally recognised. In the event of a foreign divorce, it is therefore strongly recommended to ensure that it is recognised in German law as quickly as possible.

In principle, the same rules apply to the recognition of a German divorce abroad as to the recognition of a foreign divorce in Germany: A German divorce decree generally only has legal effect within Germany. The recognition of a German divorce decree, therefore, also requires a recognition procedure abroad, although there are exceptions within the EU and in the case of a home state decision.

The consequences under German tax law, social law and civil law are far-reaching, which is why clarity regarding the existence or non-existence of a marriage is of considerable importance. Therefore, under German law, a specialised authority decides on this issue with final effect for the other German state bodies.

It should be noted, however, that this decision is limited to the dissolution of the marriage as such. If there are questions or disputes regarding other consequential issues concerning the dissolution of the marriage, these must be resolved independently of the recognition of the divorce. In the event of proceedings, the civil courts would then have jurisdiction.

The recognition of a German divorce in Türkiye is particularly frequently requested, for which a personal presence in Türkiye is not necessary, but which can take up to 6 months.