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If your marriage was divorced outside Germany, you can have this decision formally recognized in Germany.

In accordance with the general principles of state and international law, divorce decrees, official divorces and private divorces generally have direct legal effect only 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 decision be of relevance to German law even 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's accession at a later date.

Moreover, a formal recognition procedure is not required if the foreign judgment was rendered by an authority of the state to which both spouses belonged exclusively (i.e. no dual nationality) at the time of the judgment (so-called home state judgment).

The decision is made only upon application. The judicial administration of the federal state in which a spouse has his or her 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 clarifying the status issue (for example, fiancées, subsequent spouses or heirs) is entitled to file an application. The pension insurance institutions also have their own right of application.

Both the recognition and non-recognition decisions of the President of the Higher Regional Court are binding on all courts and authorities in Germany, Section 107 (9) FamFG. With the recognition of the foreign divorce, the marriage is also deemed to be dissolved for the German legal sphere with retroactive effect to the date of the foreign divorce. The decision under section 107 FamFG extends exclusively to the pronouncement of the divorce (change of status from "married" to "divorced"). Any provisions made in the foreign decision on matters subsequent to divorce (for example, provisions on maintenance, custody and pension equalization) are not affected.

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

• Marriage certificate or family register extract or marriage register extract of the divorced marriage as proof of the marriage.
• Complete copy or certified copy of the foreign decision issued by the court of the decision-making state with facts and reasons. As far as an official divorce is concerned, 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 legal force note on the judgment, by a separate document or by an entry in the register of civil status).
• Proof of entry in the register in the case of countries where this is required for the validity of the decision.
• 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 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 after completion of the procedure.

The originals of the documents must always be provided with the legalization of the competent German mission abroad or with the apostille of 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 the process of over-authentication by legalization. According to Art. 3, para. 1 of the Convention, legalization is replaced by the apostille between the contracting states. 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 attests to a rebuttable presumption of the authenticity of the document.

Special guidelines apply to documents from countries whose legal systems, in the opinion of the German Foreign Office, 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 mission abroad by way of administrative assistance. The applicant must bear the costs incurred as a result.

Recognition is required for foreign judgments by which a marriage is declared null and void, annulled, divorced in accordance with the marriage contract or while maintaining the marriage contract, or by which the existence or non-existence of a marriage between the parties is established. This applies in particular to foreign divorce decrees, but also to 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 - except Denmark - if the proceedings were initiated after March 1, 2001 or after the accession of the member state at a later date.

The decision shall be made only upon application. In addition to the spouses concerned, any person who can credibly demonstrate a legal interest in clarifying the status issue (for example, fiancées, subsequent spouses or heirs) is entitled to file an application. The pension insurance institutions also have their own right of application.

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

After the general requirements and the documents submitted have been examined, the former spouse of the applicant is granted a hearing.

• A hearing period will be set for this purpose.
• In order to be able to carry out 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, postal code, etc.).
• If the party to be heard is domiciled abroad, the address must be provided at least in the international postal language (French) and, if necessary, additionally in the script and language of the country of receipt.
• Violation of the right to be heard may lead to the annulment of the decision.

• The applicant must make all reasonable efforts to ascertain the address. Should the address nevertheless not be ascertainable, the impossibility of obtaining it must be proven.

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 competent state judicial administration. The former spouse of the applicant must be granted a hearing in the recognition procedure; a hearing period is set for this purpose. Letters or replies from the persons to be heard may lead to a delay in the proceedings.

There are no deadlines to be observed.

A decision on the application will be made in a written procedure. Even if applications/documents are submitted during opening hours, they will not be examined immediately. In principle, the procedures are processed in the order in which they are received.

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

• Foreign divorce decree recognition
• Eligible to apply:
  • Affected spouses
  • Any person who can credibly demonstrate a legal interest in clarifying the status issue, e.g. fiancées, subsequent spouses or heirs, pension insurance institutions
• Use the form of the competent judicial administration and submit the documents specified therein.
• Responsible:
  • Judicial administration of the federal state in which a spouse has his or her habitual residence or
  • without residence in Germany, the judicial administration of the state in which a new marriage is to be contracted or a civil partnership is to be established or
  • no other jurisdiction is given: Judicial Administration of the Land of Berlin (Senate Administration for Justice, Consumer Protection and Anti-Discrimination in Berlin).

The application can be made using the form provided

• via a German registry office, for example in connection with the issue of a certificate of marriageability or the intended marriage or establishment of a civil partnership there,
• via a German mission abroad or
• directly to the office responsible for recognition.

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 his or her habitual residence in Germany, the judicial administration of the Land in which a new marriage is to be contracted or a civil partnership is to be 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 judicial administration of the State of Berlin (Senate Administration for Justice, Consumer Protection and Anti-Discrimination in Berlin) is responsible.

The application can be made with the form provided for this purpose together with documents via a German registry office, for example in connection with the issue of a certificate of marriageability or the intended marriage or establishment of a civil partnership there, via a German mission abroad or directly with the office responsible for recognition.

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