According to the general principles of domestic and international law, judgments and comparable acts of state generally have direct legal effects only within the territory of the state in which they were issued. Each state is free to decide whether, and if so under what conditions, it will recognize foreign acts of sovereignty, provided it is not bound by international treaties.

Foreign decisions require recognition if they declare a marriage null and void, annul it, dissolve the marriage—either by terminating the marital bond or while maintaining it—or establish the existence or nonexistence of a marriage between the parties. This applies in particular to foreign divorce judgments, but also comparable decisions by (for example, Russian) administrative authorities or so-called private divorces before religious courts such as Arab Sharia courts or rabbinical courts in Israel, as well as declarations of divorce before a Thai civil registry office.

A formal recognition procedure is not required if a state authority of the country to which both spouses exclusively belonged (i.e., no dual citizenship) at the time of the decision was involved in the foreign decision (so-called “home state decision”).

A formal recognition procedure is not required for decisions in matrimonial matters from European Union member states—except Denmark—if the proceedings were initiated after March 1, 2001, or after the member state’s accession at a later date.

The decision is made only upon application. In addition to the spouses concerned, any person who can demonstrate a legal interest in clarifying the status issue (e.g., fiancés, future spouses, or heirs) is entitled to file an application. Pension insurance agencies also have their own right to file an application. Recognition is granted upon application. Only once the application has been approved by an official decision does the foreign decision take effect under German law.

The determination of recognition or non-recognition by the State Justice Administration is binding on all courts and authorities in Germany, § 107(9) FamFG. Upon recognition of the foreign divorce, the marriage is deemed dissolved under German law retroactively as of the date of the foreign divorce. The decision under Section 107 of the FamFG applies exclusively to the pronouncement of the divorce (change in marital status from “married” to “divorced”). Any provisions regarding the consequences of divorce (e.g., provisions on alimony, custody, and pension rights equalization) contained in the foreign decision remain unaffected.

After reviewing the general requirements and the submitted documents, the applicant’s former spouse will be granted the right to be heard.

• A deadline for the hearing will be set.
• In order to conduct the required hearing, the current and valid address of the former spouse is therefore always required. “Valid for service” means that the address must be provided in full (current last name, street name, house number and, if applicable, apartment number, ZIP 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 receiving country.
• A violation of the right to a fair hearing may result in the decision being overturned.

• The applicant must make every reasonable effort to determine the address. If the address still cannot be determined, the applicant must provide evidence that it is impossible to obtain.

The application will be decided upon in a written procedure. Even if applications/documents are submitted during opening hours, they will not be reviewed immediately. Applications are generally processed in the order in which they are received. To ensure that all incoming applications are processed quickly and continuously, please refrain from making telephone inquiries about the status of your application.

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

Provided that all 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 justice administration. The former spouse of the applicant must be granted a legal 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 procedure.

The judicial administration of the state in which one spouse has his or her habitual residence has jurisdiction. If neither spouse has their habitual 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 has jurisdiction; the state judicial administration may require proof that the marriage or civil partnership has been registered.

If no other jurisdiction applies, the judicial administration of the State of Berlin (Senate Department for Justice, Diversity, and Anti-Discrimination in Berlin) has jurisdiction.

The application may be submitted using the designated form, along with supporting documents, through a German civil registry office, e.g., in connection with the issuance of a certificate of no impediment to marriage or the intended marriage or establishment of a civil partnership there, through a German diplomatic or consular mission abroad, or directly with the authority responsible for recognition.

In addition to the fully completed and signed application form (available on the website of the relevant state justice administration or from the registrar), the following original documents must be submitted (additional documents may be required in some cases):

• Marriage certificate, family register extract, or marriage registry extract for the dissolved marriage to prove the marriage.
• A complete copy or a certified transcript of the foreign judgment issued by the court of the state where the judgment was rendered, stating the facts and grounds. If the divorce was granted by a government authority, a divorce certificate or an extract from the divorce register must be submitted.
• Proof that the foreign decision has become final (either through a notation of finality on the judgment, a separate document, or an entry in the civil registry).
• Proof of registration in countries where such registration is required for the decision to take effect.
• Translations of all foreign-language documents prepared by a certified translator in Germany.
• Certificate of the applicant’s earnings or income.
• A written power of attorney if the application is filed by an authorized representative.
• A copy of the applicant’s valid passport.

The documents will be returned to you upon completion of the procedure.

The original documents must generally be legalized by the relevant German diplomatic mission abroad or bear an apostille from the relevant foreign authority in the applicant’s home country.

In the case of legalization , the German embassy in the country where the divorce took place confirms that

• the signatures on the document are genuine and
• the signatory was authorized to issue public documents.

To simplify the process of legalization, several countries have acceded to the Hague Convention of October 5, 1961, Abolishing the Requirement of Legalization for Foreign Public Documents. Pursuant to Article 3(1) of the Convention, the apostille replaces legalization between the contracting states. It is issued by the competent authority of the state that issued the document. Pursuant to Article 5(2) of the Convention, the Apostille attests to a rebuttable presumption of the document’s authenticity.

Special guidelines apply to documents from countries whose document issuance systems, in the assessment of the Federal Foreign Office, exhibit such serious deficiencies that legalization is no longer justifiable. As a rule, the authenticity and accuracy of these documents are verified by the German diplomatic mission abroad through administrative assistance. The applicant must bear the resulting costs.

• For determining whether the requirements for the recognition of a foreign judgment are met: EUR 15.00 to EUR 305.00
• In determining the fee, particular consideration is given to the significance of the matter for the parties involved, the scope and complexity of the administrative action, and the applicant’s income and financial circumstances.
• If the application is rejected or withdrawn: half of the fee for the recognition decision, but at least EUR 15.00