International divorce
German-British Divorce
In a divorce with a connection to the United Kingdom, something fundamental has changed since Brexit. The once self-evident EU coordination no longer applies – and for that reason forum and timing can decide very different outcomes. Those who act with foresight secure significant advantages; those who wait are easily caught out. We advise you in English and German.
The Essentials at a Glance
- Between Germany and the UK the EU regulations no longer apply.
- Jurisdiction and recognition follow other regimes – timing counts.
- English courts are often seen as financially more generous – an advantage or risk depending on your side.
- The “race” to the court seized first is less predictable since Brexit.
- A British divorce usually needs a recognition procedure in Germany.
- Advice in English and German.
Brexit Changed the Rules
Between Germany and the United Kingdom, the EU regulations (Brussels IIb, Rome III) no longer apply. Jurisdiction and recognition now follow national law and international conventions to which both countries belong. This makes the situation more complex: the once-clear rule “the court seized first decides” no longer applies automatically in relation to the UK, so in the worst case parallel proceedings in both countries can loom. All the more reason for a considered strategy from the outset.
London as the “Divorce Capital”
English courts are seen as in part considerably more generous than German ones in the financial settlement – for example on post-marital maintenance and the division of assets. For the financially weaker spouse, England can therefore be attractive; for the wealthier one, a risk. That is exactly why the choice of forum is especially significant here: it can decide very different outcomes.
Where to File – and Why Timing Counts
As the automatic EU coordination falls away, it can be decisive to file early in the right country. Those who hesitate leave the initiative to the other side – with potentially serious financial consequences. We assess your connecting factors (residence, nationality), compare the consequences of proceedings in Germany and in England and recommend the route more favourable to you.
Recognition After Brexit
A British divorce is no longer automatically recognised in Germany since Brexit, but generally requires a recognition procedure (§ 107 FamFG) – and conversely the question arises of recognising a German divorce in the UK. We think both directions through so your marital status is unambiguous in both countries.
Neuer Kurs
Two countries, one workable result – we set a course that carries across the border.
Assets and Pensions Across the Border
An often underestimated point is retirement provision: the treatment of pensions differs markedly between the German pension equalisation and the English system. Property and accounts in both countries must also be fully recorded, valued and – in the result – enforced across the border. We factor this into the comparison of forums from the start and work, where needed, with solicitors and tax advisers, so that a workable overall result emerges.
An Example
A couple with homes in Munich and London separates. The financially weaker partner is considering proceedings in England, where a more generous financial arrangement seems possible; the other prefers Germany. As the EU priority falls away, a race can ensue. Whoever assesses the situation and files first often determines in which country – and thus by which standards – the divorce is decided.
What to Watch For
Since Brexit, the rule is: anyone considering a separation with a UK element should seek advice early. As the EU coordination has fallen away, it can happen that both sides file in different countries and parallel proceedings arise – with considerable effort and risk. So first clarify which country is more favourable for you, and then act swiftly. Avoid hasty statements to the other side about “where” and “when” before the strategy is set. And think about recognition in both directions, so your marital status is ultimately unambiguous in Germany as well as the UK. We assess your connecting factors, compare the consequences and, where speed is needed, act without delay – coordinating with solicitors on the ground where helpful.
Frequently Asked Questions
Should I file in Germany or England?
It can have significant financial consequences and depends on your situation. With the EU priority gone, speed counts.
Is it true London is more favourable for one side?
English courts can decide the financial settlement more generously. Whether that is an advantage or a risk for you, we assess.
Will my English divorce be recognised in Germany?
Since Brexit, usually only through a recognition procedure.
Can proceedings run in both countries at once?
That is more possible since Brexit than before. An early strategy helps to avoid it.
What happens to pensions?
The treatment of pensions differs between the systems. We factor it into the forum comparison.
Can you work with lawyers in the UK?
Yes, we coordinate with solicitors on the ground where needed.
Do you advise in English?
Yes, throughout, in English and German.
What if we have assets in both countries?
Then a complete record across both countries is decisive. We coordinate valuation and enforcement across the border.
Does an English financial order apply in Germany?
Not automatically. Whether an English arrangement takes effect here we review in the individual case.
What about children and a move to the UK?
With joint custody, a unilateral move is generally not permitted; in the worst case the Hague Convention applies.
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