Service Finder

back

Having foreign divorce decrees recognized

Service Description

According to the general principles of constitutional and international law, divorce decrees, official divorces and private divorces only have direct legal effect in the territory of the state in which they were issued. In order to be effective in the Federal Republic of Germany, these foreign decisions in matrimonial matters generally require formal recognition.

Only in exceptional cases can the foreign judgment be relevant to German law without a formal recognition procedure. For example, divorce decrees from member states of the European Union - with the exception of Denmark - do not require recognition if the divorce proceedings were initiated after March 1, 2001 or after the member state joined the EU at a later date.

A formal recognition procedure is also not required if an authority of the state to which both spouses belonged exclusively (i.e. no dual nationality) at the time of the decision was involved in the foreign decision (so-called home state decision).

The decision is only made on application. The judicial administration of the federal state in which a spouse has their habitual residence is generally responsible for the recognition decision. In Thuringia, these tasks are assigned to the President of the Thuringian Higher Regional Court. In addition to the spouses concerned, any person who can credibly demonstrate a legal interest in the clarification of the status issue (e.g. fiancées, future spouses or heirs) is entitled to file an application. The pension insurance institutions also have their own right of application.

The recognition or non-recognition decision of the President of the Higher Regional Court is binding on all courts and authorities in Germany, § 107 Para. 9 FamFG. Upon recognition of the foreign divorce, the marriage is also deemed to have been dissolved retroactively to the date of the foreign divorce for the purposes of German law. The decision pursuant to § 107 FamFG extends exclusively to the pronouncement of the divorce (change of status from "married" to "divorced"). Any provisions made in the foreign judgment on consequential divorce matters (for example, provisions on maintenance, custody and pension rights adjustment) are not affected.

Process flow

After examining the general requirements and the documents submitted, the applicant's former spouse will be granted a hearing.

  • A hearing deadline is set for this.
  • In order to be able to conduct the required hearing, the current and serviceable address of the former spouse is therefore always required. Serviceable means that the address must be given in full (current surname, street name, house and, if applicable, apartment number, zip code, etc.).
  • If the party to be heard is domiciled abroad, the address must be given at least in the international postal language (French) and, if necessary, additionally in the written and spoken language of the country of receipt.
  • Violation of the right to be heard may result in the decision being annulled.
  • The applicant must make every reasonable effort to find the address. If the address cannot be determined, the impossibility of providing it must be proven.

Who should I contact?

The application can be submitted using the form provided

  • via a German registry office, for example in connection with the issue of a certificate of no impediment to marriage or the intended marriage or establishment of a civil partnership there,
  • via a German diplomatic mission abroad or
  • directly to the office responsible for recognition.

Competent authority

The judicial administration of the state in which a spouse has his or her habitual residence is responsible. In Thuringia, these tasks are assigned to the President of the Thuringian Higher Regional Court. If neither of the spouses has their habitual residence in Germany, the judicial administration of the Land in which a new marriage is to be entered into or a civil partnership established is responsible; the Land judicial administration may demand proof that the marriage or the establishment of the civil partnership has been registered.

If no other jurisdiction exists, the Berlin State Administration of Justice (Senate Department for Justice, Consumer Protection and Anti-Discrimination in Berlin) is responsible.

The application can be made using the appropriate form and documents via a German registry office, for example in connection with the issue of a certificate of no impediment to marriage or the intended marriage or establishment of a civil partnership, via a German diplomatic mission abroad or directly to the office responsible for recognition.

Requirements

Foreign decisions by which a marriage has been declared null and void, annulled, divorced in accordance with the marriage bond or while maintaining the marriage bond or by which the existence or non-existence of a marriage between the parties has been established require recognition. This particularly affects foreign divorce decrees, but also comparable decisions by administrative authorities or so-called private divorces before religious courts.

A formal recognition procedure is not required if an authority of the state to which both spouses belonged exclusively (i.e. no dual nationality) at the time of the decision was involved in the foreign decision (so-called home state decision).

A formal recognition procedure does not have to be carried out for decisions in matrimonial matters from member states of the European Union - with the exception of Denmark - if the proceedings were initiated after March 1, 2001 or after the accession of the member state at a later date.

The decision will only be made on application. In addition to the spouses concerned, any person who can credibly demonstrate a legal interest in the clarification of the status issue (e.g. fiancées, future spouses or heirs) is entitled to submit an application. The pension insurance institutions also have their own right of application.

Which documents are required?

In addition to the completed and signed application form (available from the relevant state justice administration or registry office), the following original documents must be submitted (additional documents may be required in individual cases):

  • Marriage certificate or extract from the family register or extract from the marriage register of the divorced marriage as proof of the marriage.
  • Complete copy or certified copy of the foreign judgment issued by the court of the state in which the judgment was issued, including the facts and reasons. In the case of an official divorce, a divorce certificate or an extract from the divorce register must be submitted.
  • Proof of the legal force of the foreign judgment (either by a note of legal force on the judgment, by a separate document or by an entry in the civil status register).
  • Proof of entry in the register in countries where this is required for the judgment to be valid.
  • Translations of all foreign-language documents prepared by a recognized translator in Germany.
  • Certificate of the applicant's earnings/income.
  • Proof of the intended marriage in Thuringia by submitting the registration for the marriage, if neither of the spouses of the divorced marriage is resident in Thuringia.
  • Written power of attorney if the application is submitted by an authorized representative.
  • Copy of the applicant's valid passport.

The documents will be returned to you at the end of the procedure.

The originals of the documents must always be legalized by the competent German diplomatic mission abroad or apostilled by the competent foreign home authority.

In the case of legalization, the German embassy in the country of divorce confirms that

  • the signatures on the document are genuine and
  • the signatory was authorized to issue public documents.

Several countries have concluded the Hague Convention of 05.10.1961 on the exemption of foreign public documents from legalization in order to simplify over-certification by legalization. Legalization is replaced by the apostille between the contracting states in accordance with Art. 3 Para. 1 of the Convention. It is issued by the competent authority of the state that issued the document. According to Art. 5 Para. 2 of the Convention, the apostille testifies to a rebuttable presumption of the authenticity of the document.

Special guidelines apply to documents from countries whose documentary systems are considered by the Federal Foreign Office to have such serious deficiencies that legalization is no longer justifiable. As a rule, these documents are checked for authenticity and accuracy of content by the German diplomatic mission abroad by way of administrative assistance. The resulting costs are to be borne by the applicant.

What are the fees?

The recognition procedure is subject to a fee. The fee is a minimum of 15 euros and a maximum of 305 euros. The amount depends on the circumstances of the individual case. When setting the fee, particular account must be taken of the importance of the matter for the parties involved, the administrative effort involved and the financial circumstances of the applicant.

What deadlines do I have to pay attention to?

There are no deadlines to be observed.

Processing duration

Provided that all the necessary documents are available, the processing time is at least one to four months, depending on the individual case and the processing time of the responsible state justice administration. The applicant's former spouse must be granted the right to be heard in the recognition procedure; a hearing period is set for this. Letters or replies from the persons to be heard may lead to a delay in the procedure.

Legal basis

Applications / forms

Application for a court decision to the civil division of the locally competent higher regional court

Appeal

Yes

What else should I know?

The application will be decided in a written procedure. Applications/documents submitted during opening hours will not be reviewed immediately. Procedures are generally processed in the order in which they are received.

Author

The text was automatically translated based on the German content.

Technically approved by

Thuringian Ministry for Migration, Justice and Consumer Protection

Professionally released on

23.08.2022

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

No competent authority found

Please enter your location.