Recognition in Germany of foreign divorces
Marriages with a foreign connection are, of course, common and are subject to various regulations and legal provisions. If a marriage fails and both spouses wish to divorce, one can often be obtained abroad. In principle, the dissolution of the marriage is initially only applicable in the country where it was declared. This means that if a marriage is listed and still exists in another country, it may be a roadblock to re-marrying in Germany to another person.
As a rule, for a divorce that was obtained abroad, an application for recognizing the divorce in Germany must be filed. Whether such recognition is required or not depends on the individual case. If a divorce takes place within the European Union, it is generally recognized in all other member states. One exception is Denmark, even though it belongs to the European Union. Recognition is not necessary if the divorce was obtained in the common home country of both spouses. This does not apply however, if any of the following conditions apply – dual citizenship, an entitlement to asylum, or the status as a stateless and foreign refugee.
The question of whether a foreign divorce is recognized in Germany or not therefore depends on many individual factors that must be taken into account. In order to enable you to proceed as uncomplicated as possible, we would be happy to advise you.