The Essentials at a Glance
- With a cross-border element, the first questions are which country has jurisdiction and which law applies.
- Jurisdiction usually follows EU law (Brussels IIb); the applicable divorce law often follows Rome III.
- Several countries are often eligible – acting first can be an advantage.
- A divorce granted abroad is not automatically valid in Germany.
- Advice in English and German.
Your Biggest Worries
In international divorces, the key decisions are made early and are hard to reverse later. These are the concerns clients raise most:
- Being disadvantaged because you don't know foreign law. We assess your position before facts are created.
- The other side acting first. Which court is seized first can be decisive – we check immediately which country is better for you.
- The effect on maintenance and assets. Results vary noticeably depending on the applicable law.
- Children across borders. Custody and contact quickly become complex internationally. → Cross-border child custody
- Recognition. We make sure your divorce is valid in both countries.
When Is a Divorce "International"?
A cross-border element exists, for example, when
- the spouses hold different nationalities,
- you married abroad or lived abroad for a time,
- one partner now lives abroad,
- there are assets, property or a business abroad.
Even one of these points can significantly change the course and outcome of your divorce.
A fork in the road
A gentle transition into your new future.
Which Law, Which Court?
The course is set early. Which law applies (for the divorce, usually under the Rome III Regulation) and which court has jurisdiction (under the EU Brussels IIb Regulation) depends on your specific situation – and both can have a marked effect on maintenance and the division of assets.
Where several countries are eligible, order often matters: if proceedings are already under way in one country, the door to another is usually closed. Acting with foresight here often creates a real advantage.
Recognition Abroad and in Germany
A divorce granted abroad is not automatically valid in Germany. Within the EU it is usually recognised without a separate procedure; for divorces from non-EU states, formal recognition is generally required before you count as divorced here. We also make sure a German divorce holds up in the other countries concerned.
Typical Constellations
- Binational marriage. → Binational marriage
- Partner living abroad. → Partner living abroad
- Assets abroad. → Assets abroad
- By country: German-American · German-British · German-Italian · German-Turkish
Your Next Step
The earlier we look at your situation, the more room you have to act. In a confidential consultation we clarify which country and which law offer you the better conditions.
Frequently Asked Questions
Can we choose which country to divorce in?
Often several countries have jurisdiction. Which is better for you depends on maintenance, assets and procedure – and order counts. We check this early.
Which law applies to our divorce?
In the EU, usually under Rome III; a choice of law is sometimes possible. We clarify it for your situation.
Is our foreign marriage or divorce valid in Germany?
A foreign marriage is usually recognised. A foreign divorce is not automatic – often straightforward within the EU, otherwise formal recognition is generally required.
My partner threatens to file abroad – what can I do?
Act quickly. The court seized first can determine the applicable law and the outcome. We check immediately which country is better for you.
Your next step
Tell us about your situation
We listen, make sense of it and show you your options — confidential and on equal terms. Your enquiry is free and without obligation.