If you live abroad, German law does not automatically apply to your divorce, even if you are a German citizen.

Applicable law in international divorce cases

Since 21 June 2012 an EU regulation (“Rome III”) is in effect that determines which law applies in international divorce cases.

Courts in the 17 EU member states that have adopted the regulation use Rome III as the basis for determining which law to apply on a divorce: Belgium, Bulgaria, Germany, Estonia, Greece, Spain, France, Italy, Latvia, Lithuania, Luxembourg, Hungary, Malta, Austria, Portugal, Romania, and Slovenia. Other countries may follow. Courts in other countries assess this issue according to the rules of their own private international law.

In light of the increased mobility of citizens and the growing number of both binational marriages and people with multiple nationalities, Rome III establishes uniform rules regarding which law applies to a divorce. In doing so, it is generally based on the spouses’ habitual residence and no longer primarily on their nationality.

Rome III also strengthens the option to choose the applicable law. Spouses may determine for themselves which law applies to their divorce. For example, they may choose the law of the country of which one of the spouses is a national at the time the choice is made. If one of the spouses is a German national, German law may therefore be chosen.

Further information can be found here.

Recognition of a foreign divorce granted within the EU

Decisions from EU member states (with the exception of Denmark) are generally recognized in the other member states without a formal recognition procedure according to the Brussels IIa Regulation. As proof of the valid divorce one only needs to provide the divorce judgement or order and a certificate issued by the court or authority of the Member State of origin pursuant to Art. 39 of EU Regulation 2201/2003 (for divorces prior to 1 August 2022) or pursuant to Article 36 of EU Regulation 2019/1111 (for divorces on or after 1 August 2022).

If desired, a formal recognition procedure for the divorce may still be requested in Germany (please see below).

Recognition of a foreign divorce decree issued outside the EU

A divorce decree issued outside the EU (e.g. in India) must first be formally recognized in Germany (Section 107(1) sentence 1 FamFG) in order for it to take effect under German law—retroactively to the date the foreign decision became final (exception: decision by the home state, please see below).

A marriage dissolved outside the EU is considered to continue to exist until it is formally recognized in Germany. Remarriage or the registration in Germany of a new marriage concluded abroad would therefore not be possible due to the prohibition against bigamy. Therefore, spousal reunification is also not an option until formal recognition. Children born after the divorce but before the divorce is recognized are considered legitimate children of the former husband until the divorce is formally recognized.

The application for recognition must be filed with the competent state judicial administration in Germany. Local jurisdiction is determined by the place of residence if one of the spouses from the dissolved marriage has their habitual residence in Germany at the time the application for recognition is filed. If neither spouse resides in Germany, but a new marriage is to be entered into in Germany, local jurisdiction is determined by the place where the marriage is to be solemnized. If neither spouse of the divorced marriage resides in Germany and no new marriage is to be entered into here either, jurisdiction lies with the Senate Administration for Justice in Berlin.

You can view the fees and required documents on the website of the state justice administration responsible for your application.

An exception to the requirement for formal recognition is made for so-called home state decisions (Section 107(1) sentence 2 FamFG).

A divorce decree issued outside the EU does not need to be formally recognized if:
• both spouses held the same nationality at the time of the divorce, and
• the divorce was granted in the home country of both spouses.
Example: If the marriage between an Indian national and an Indian national was dissolved by a court in India, the divorce does not need to be formally recognized in Germany. However, if the Indian husband became naturalized in Germany before the divorce and was a German national at the time of the divorce in India, this is not considered a decision of the home country, and formal recognition is required.