International divorce
Recognising a Foreign Divorce in Germany
Anyone divorced abroad often assumes they are thereby divorced in Germany too. That is not always the case: without recognition, the marriage may be regarded in Germany as still subsisting – so you cannot remarry, your marital status is recorded incorrectly, and tax and inheritance questions arise. We check whether your divorce needs to be recognised and prepare the procedure in full.
The Essentials at a Glance
- A foreign divorce is not automatically valid in Germany.
- EU divorces (except Denmark) are usually recognised without a procedure.
- Divorces from non-EU states generally need formal recognition.
- The competent authority is the state justice administration (§ 107 FamFG).
- Only with recognition can you, for example, remarry.
- Typically needed: the decree, certified translation, often an apostille or legalisation.
When Is Recognition Needed?
It depends decisively on the country of origin. Divorces from EU states (except Denmark) are, under Brussels IIb, usually recognised without a special procedure – you then count as divorced in Germany too. Divorces from third states (such as the USA, Turkey, or the UK after Brexit) generally require formal recognition before they take effect here. A special case applies where the divorce took place in the state of which both spouses are sole nationals – then German recognition may exceptionally not be required. We check which constellation applies.
The Recognition Procedure
Recognition runs through the competent state justice administration or the president of the higher regional court (§ 107 FamFG). Among other things, it is examined:
- whether the foreign proceedings met minimum rule-of-law standards (e.g. the right to be heard),
- and whether recognition does not violate German public policy (ordre public).
We prepare the application for you and file it at the right place.
Which Documents You Need
As a rule, you will need:
- the foreign divorce decree (often with a certificate of finality),
- certified translations into German,
- frequently an apostille or legalisation as proof of authenticity,
- evidence of the marriage and nationality.
Which documents are needed in detail depends on the country. We tell you exactly what to obtain and assemble the application.
Why Recognition Matters
Only with recognition is your divorce valid in Germany too – relevant for a new marriage, marital status, name questions and tax and inheritance consequences. Without it, serious problems can arise, for example when registering a new marriage. A German divorce, conversely, is not automatically recognised everywhere abroad; where your status must be correct in another country, we coordinate with local lawyers and obtain the necessary certificates.
Duration and Cost
The duration depends on the country, the completeness of the documents and the authority's workload – from a few weeks to several months. It can be sped up above all by a complete, well-prepared application: the right certificates, certified translations, apostille or legalisation. Administrative fees apply, depending on the individual case. We give you a realistic estimate of duration and effort in advance.
Neues Bewusstsein
Recognition is about clarity – one unambiguous, consistent status in every country concerned.
Your Status, Clear in Both Countries
At its heart, recognition is about clarity: your marital status should be unambiguous and consistent in every country concerned. Otherwise practical problems loom – from a refused marriage, to incorrect register entries, to inheritance and tax consequences. We make sure your divorce is valid where it matters and obtain the necessary evidence.
Often this is faster and less complicated than people fear – provided the application is complete and correct from the start. That is exactly our job: we check whether recognition is needed at all, which documents your country of origin requires and where the application must be filed.
How We Support You
We first assess your constellation – the country of origin, your nationality and what your status needs to achieve (remarriage, registry corrections, inheritance matters). We then tell you precisely which documents to obtain, arrange certified translations and file the application at the competent authority. Where needed, we coordinate with authorities or lawyers abroad and also handle the reverse case – the recognition of a German divorce in another country. Throughout, we keep the process as smooth and predictable as possible, so you are not left in limbo about whether you count as married or divorced.
Frequently Asked Questions
Am I divorced in Germany after my divorce abroad?
Not necessarily. For divorces outside the EU, formal recognition is usually required.
What do I need for the application?
Usually the decree, certified translations and often an apostille. We assemble it with you.
How long does recognition take?
It depends on the country and authority. A complete, well-prepared application avoids delays.
Does it apply to a religious divorce too?
A purely religious separation is generally not recognised in Germany as an effective divorce. What counts is a state-effective decision.
Who can file the application?
As a rule anyone with a legal interest – often one of the former spouses. We clarify this for your situation.
Must my former spouse take part?
For recognition, usually not. It is about reviewing the foreign decision, not a new contested procedure.
What if documents are missing or damaged?
Often replacement documents or certificates can be obtained. We tell you what routes exist.
Do I need recognition in order to remarry?
As a rule yes – the registry office requires an unambiguous marital status.
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.