Information on the Recognition of Marriage Abroad. Family Law.
As a very informative platform for international marriages, we recommend the website "Couples in Europe" in 27 languages which clearly explains which law is applicable under various constellations.
Marriage conducted abroad, not yet registered in DE - Is the couple considered married under German law if the wedding took place abroad by a German or foreign registrar, but the couple did not have the marriage recognized in DE thereafter?
- Yes. According to Art. 11 para. 1 EGBGB, for the validity of the marriage abroad,
it is sufficient if the formal requirements for marriage at the place of the ceremony
are complied with, otherwise the fiancés must meet the material
marriage conditions according to §§ 1303 to 1309 BGB - in particular
being single, minimum age, no prohibited degree of kinship - or otherwise according to the
provisions of the respective home law. German nationals are also
not required to apply for the establishment of a family book or to change their name after marriage. It is therefore possible that someone - although this
is not ascertainable from the German civil status registers - is nevertheless effectively
married. Recognition by the German authorities is not necessary,
recognition by law is sufficient.
Homosexual marriages from Denmark are recognized in Germany and among others in Belgium, Netherlands, Spain, Portugal, Sweden, Iceland, France, Switzerland, USA (in some states).
To prove a marriage conducted abroad, the foreign
marriage certificate with legalization or apostille is used.
- How long after the marriage is conducted abroad does one have to have it recognized in DE?
- Indefinitely, as an official act of recognition is not prescribed.
- Is a divorce necessary if the partners wish to marry other partners - and if
yes, according to which law?
- Even without formal recognition of the marriage, an effective marriage exists. If
one of the spouses wants to remarry, he or she must indeed get a divorce first,
otherwise a bigamy prohibited by § 1306 exists. The divorce is according to
Art. 14 para. 1, Art. 17 para. 1 sentence 1 usually under the law of the state to which both
belong, or in which they had their (last) habitual residence, alternatively under
the law of the state with which they are otherwise most closely connected, to be carried out.