General information

General information about divorce proceedings as well as recognition of a foreign divorce decree can be found here.

Please read the information carefully to determine whether your foreign divorce decree has to be formally recognized by a German court in order to be valid in Germany.

Recognition of a foreign divorce

Which authority decides on the recognition of divorce?

The competent authority for recognition of divorce is the administration of justice (“Justizverwaltung”) or the Higher Regional Court (“Oberlandesgericht”) of the German federal state (“Bundesland”) in which one of the spouses has their habitual residence.

If none of the spouses has a residence in Germany, the competent authority is the administration of justice (“Justizverwaltung”) of the German federal state in which one of the spouses intends to marry again.

If neither a residence in Germany exists nor a new marriage in Germany is intended, the “Senatsverwaltung für Justiz” in Berlin is the competent authority:

Address:
Senatsverwaltung für Justiz, Verbraucherschutz und Antidiskriminierung
Salzburger Str. 21-25
10825 Berlin
Germany

Which documents do I need to submit?

You will in general have to provide the following documents:

• Application form (fill in legibly by computer or with block letters)
• Copy of the current (German) passport
• Copy of the marriage certificate of the dissoluted marriage
• Copy of the death certificate of the former spouse, if applicable
• Complete original or certified copy of the foreign court order with a note of legal force (“decree absolute”) and with the facts and reasons for the decision
  • Please note the following information:
    For recognition in Germany, you need the original divorce order with original seal and signature of the judge (or a certified copy of the document); a simple printout of the court order in electronic form is not sufficient. For divorces in Australia where the divorce order is only available as a (printed) PDF, this must be submitted with an Apostille.
    Further information on Australian divorce orders/decrees can be found in the next paragraph.
• Written power of attorney (if the application is submitted by an authorized person)
• Proof of income of the applicant (for calculations of fees, see below)

An overview of the necessary documents can also be found on the last page of the application form. The competent German administration of justice may request further documents or translations.

If the “Senatsverwaltung für Justiz” in Berlin is the authority responsible for recognition, the application can be sent directly to them with the above-mentioned documents. It is not necessary to have the signature on the application form certified by a German mission abroad.

In all other cases, please contact the competent authority directly to find out which documents must be submitted and in what form.

Information on Australian divorce orders/decrees

Australia has had different divorce decrees in the past. Not all of them are recognized in Germany!

Decree Nisi/Absolute

All divorce decrees issued until 01.07.2002. A “decree nisi” is a provisional divorce decree that became valid after some time (“decree absolute”). A “decree absolute” is recognized in Germany.

Certificate of Divorce

“Certificates of divorce” were issued between July 2002 and 12.02.2010. “Certificates of divorce” are not recognized in Germany!

If you only have a “certificate of divorce”, you will need to get a “divorce order” from the Family Law Court (see below).

Divorce Order

“Divorce orders” have been issued since 13.02.2010. Please note that the electronic version is not sufficient for a recognition of divorce. If you only have an electronic version, you will need to get it authenticated by the issuing court or you can get an Apostille from the issuing court.

How do I get a “Divorce Order”?

You can get the “divorce order” from the Family Law Court - also retroactively. This also includes divorces before the 01.07.2002!

In case you have been sent a “certificate of divorce” instead of the “divorce order”, please send it back and request the “divorce order”.

Fees

The fee for a recognition of divorce is calculated on the basis of your monthly income. Therefore, it is important to add some proof of income (pay slip, tax statement) as otherwise the maximum fee can be charged. Fees range between 15 to 305 EUR. Usually the fee ranges at around 160 EUR.

How long does it take?

Please note that we cannot predict how long this process will take. The processing times may vary considerably depending on the complexity of the case and the individual authority and might take three to four months.