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Recognition of a divorce

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21.11.2019 - Article

Recognition of a divorce

The place at which the marriage was solemnized does not automatically determine which court will have jurisdiction over the case or which law will be applied to the divorce proceedings. Both these issues have to be determined in each individual case.

According to section 606a of the German Code of Civil Procedure, German courts have jurisdiction over matrimonial matters, inter alia, when one spouse is a German national or, if both are foreign nationals, if they are both habitually resident in Germany. This jurisdiction is not exclusive, i.e. it may also be possible to get divorced abroad and, under certain conditions, to have such a divorce recognized in Germany (cf. “Recognition of a foreign divorce” below). Whether it is possible or sensible to get divorced abroad is something to be discussed with a specialist lawyer.

Information on divorces abroad

A divorce in Singapore is not automatically recognized in Germany; in order to have your divorce recognized, an application to the relevant Landesjustizbehörde must be submitted through the German Embassy.

Application form

Please have court-certified copies of your Certificate of Divorce, your Divorce decree and your Marriage Certificate (each to be authenticated by DFAIT first) with you. These documents are part of your application and have to be legalized by the German Embassy.

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