If the divorce is being obtained abroad, the foreign court will apply its country's private international law in order to determine which law is to be used in the divorce proceedings. Be a lawful permanent resident (Green Card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization. This certificate must take a certain form (see Articles 37 and 39 in conjunction with Annex 1 to the EU Regulation). You can apply for naturalization via marriage after three years of living in the country (and at least two of those being married). Upon recognition the divorce is valid under German law with retroactive effect from the date on which the foreign decree entered into force. A person may be born a German citizen by either jus sanguinis, i.e., through descent from his/her parents, or jus soli, i.e., through place of birth. If, when abroad, you need a local solicitor to liaise with your lawyer, the German missions abroad or the Foreign Office helpline will be happy to send you a list of solicitors upon request. The German missions abroad regularly report on the law relating to marriage in their host countries.

German nationality law is the law governing the acquisition, transmission and loss of German citizenship. Information on obtaining these foreign documents can be found on the websites of the German missions abroad. It also applies in the 10 Member States that joined the EU on 1 May 2004. 2201/2003 of 27 November 2003) does not however prevent you from seeking a court order on the recognition or non-recognition of a foreign judgement, if you have an interest in so doing.
The question of which law the German court is to apply in the divorce hearing (German or foreign law) is settled in accordance with the provisions of European/German private international law (cf. If, exceptionally, it is not possible to get married in any particular country, you can of course get married in Germany in any registry office, provided at least one of you has German nationality. For example, the man and wife continue to be listed as such in German civil status records and registers of residents until the foreign divorce has been recognized (a “limping marriage”). Please enter your complete search term. A legal interest is given if for example they need to submit a binding declaration of their civil status for a case arising from the divorce or for registration or taxation purposes. fiancé(e)s, subsequent spouses and heirs). These rules have changed over time and are affected by a number of factors. Gay marriage in Germany. The German Citizenship Act in the version of 1871-1914 stipulated that a German automatically lost his/her citizenship by residing outside of Germany for more than 10 years. Thus, the ability of the U.S. Embassy and consulates to provide assistance to an American-German dual national in Germany may be limited. German citizenship can be acquired or lost through marriage. Only if both spouses have German nationality can they choose to pursue their case before the German courts, regardless of where they are resident (Council Regulation (EC) No 2201/2003 (Brussels IIa) of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and in matters of parental responsibility, repealing Regulation (EC) No 1347/2000, Official Journal of the European Communities 2003 No L 338, p. 1 et seq.). Please note that the German mission can only obtain notarial, court or other documents for you if you cannot reasonably obtain them yourself, either in person or through any local private services. Foreign marriage certificates are often only recognized by domestic authorities or courts when their authenticity or evidentiary value has been determined in separate proceedings. For addresses of foreign missions in Germany click here: Foreign Missions in Germany (available only in German). Please Note: Although the information on this website has been prepared with utmost care, we cannot accept any responsibility for inaccuracies contained herein. 4am – 1pm US Eastern Time (EST) This site uses cookies in order to provide you with the best possible service. Rule of thumb: If you were born in Germany prior to January 1, 2000, neither of your parents was German at the time of your birth, nor did they apply for your German citizenship, then you are not German. As most immigrants from Germany were affected by this automatic loss of German citizenship, it is usually not possible to base a claim to German citizenship on ancestors who immigrated to the United States before 1904. No suitable keywords found. For a divorce to be recognized, you must provide the divorce decree and a special certificate obtained from a court or authority in the Member State where the divorce was obtained. The place at which the marriage was entered into does not automatically determine which court will have jurisdiction over the case or which law will be applied to the divorce proceedings.

In order to prove that a marriage has been dissolved abroad, the marriage certificate, divorce decree and, if necessary, other documents must be submitted to the German authorities or courts. It is therefore possible for someone to be validly married without this appearing in German civil status records. Since then, more than 10,000 same-sex couples have tied the knot. As previously mentioned, same-sex marriage became legal in Germany in October 2017. name, property, custody of children). If you cannot find the information you need online, please make direct contact with the German mission in the relevant Country. No suitable keywords found. In addition both the bride and groom must meet all legal capacity requirements for marriage under the law of their home states (they must for example be single, over a minimum age and not too closely related to one another).

However, as a fully fledged German citizen, you can also be called up one to act as a lay judge or electoral assistant. For further advice on these matters please consult a specialist lawyer. Recognition will only be denied on the ground of major procedural irregularity or for reasons of German public policy (section 328 (1) 4 of the German Code of Civil Procedure). Since April 1954: marriage to a foreign citizen does not affect the nationality of the spouse. Coronavirus and entry restrictions: 6 things travellers to Germany need to know, Recognition of foreign marriage certificates, Procuring divorce decrees, marriage certificates and other documents from abroad, “International Recognition/Legalization of documents”, Council Regulation (EC) No 2201/2003 (Brussels IIa), Foreign public documents for use in Germany. The German Citizenship Act in the version of 1871-1914 stipulated that a German automatically lost his/her citizenship by residing outside of Germany for more than 10 years. The basic rule is that a marriage entered into abroad will be regarded as valid in Germany if the legal provisions relating to marriage of that foreign state were abided by. as a stateless alien, asylum seeker or foreign refugee), then formal recognition is unnecessary. In all other cases not mentioned above, formal recognition of foreign judgements in matrimonial matters must still be obtained pursuant to article 7, section 1 of the Family Law Amendment Act (Familienrechts-Änderungsgesetz). A further marriage would thus be bigamous and could thus be annulled at any time upon the application of one of the three spouses or the competent administrative authority. If you are a non-EU citizen married to an EU citizen, you can join your spouse in the EU country where they live. This Regulation has applied since 1 March 2005 in all EU Member States with the exception of Denmark.

In accordance with the general principles of constitutional and international law, court judgements and similar sovereign acts only have direct legal effect within the territory of the state in which they were passed or performed. All Rights Reserved. If a marriage that was entered into abroad is to be terminated in Germany, there are often additional issues to be resolved, which will be looked at briefly below. German citizenship can be acquired or lost through marriage.

As a general rule, a child born to a German citizen parent automatically acquires German citizenship at birth through jus sanguinis, regardless of the place of birth. This information is then sent to the Bundesverwaltungsamt (Federal Office of Administration) in Cologne, which produces five brochures on the subject, for the regions Europe, North America, Latin America, Asia/Australia and Africa. Yet whilst the lights of Las Vegas, the romance of Venice or the tropical palms of a South Sea island beach do provide an unforgettable setting, it must be remembered that marriage is, first and foremost, a legally binding contract which has many consequences and that additional requirements may have to be met if the ceremony is performed abroad.
It is the department of justice of the Land where one of the spouses has his/her habitual abode that has jurisdiction.

European courts will apply EU regulation 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal Separation. The EU Regulation (No. If the divorce was decreed by a court or authority of the state whose sole nationality the parties had at that date, and neither of them was subject to an alternative civil status regime (e.g.

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