Are you dealing with an international divorce?

An international divorce is given, if the divorce contains a foreign element. This is the case if you are a German citizen living abroad or if one or both spouses is/are a foreign citizen living in Germany.

Common questions concerning an international divorce are:

  • Jurisdiction of the German courts?
  • Which legal norms apply?
  • Recognition of the Marriage?

Jurisdiction of the German courts

Different courts in different countries could have jurisdiction over your divorce. If you submit the petition for divorce, you can choose, which one of the competent courts should decide on your divorce.

This could save you money, especially for the travels to the court.

Applicable Law

It is irrelevant where you got married.

In June 2016 the Rome-III-regulation came into effect. It establishes homogenous norms concerning the divorce proceedings for the European Union.

According to this regulation, you and your spouse can decide which national law has to be applied. This means that you can, for example as a German citizing living in France, decide that the German Court has to apply French law for your divorce.

We help you decide which national law is the most convenient for you.

Foreign law can only then not be applied if it violates the ordre public (public order).

If you and your spouse cannot agree which law should be applied, your residence is decisive.

Maintenance settlement in an international divorce

Competent is the family court where the divorce is pending, which is the family court where the petition was filed. A divorce in Germany might take around 8 months. Reason for that is the performance of the maintenance settlement.

One detriment of the long duration could be a longer payment of the separation support.

However, there are many ways to reduce the duration of the divorce proceedings.

Let us know if you are interested in a “fast” divorce!

Rocognition of the marriage/divorce

  • We help you with the recognition of the “German divorce” in your homecountry.
  • We procure foreign marriage certificates and divorce certificates for you.
  • We check for you if your marriage or divorce will be recognized in Germany.
  • We accompany the procedures of recognition in front of the competent court.
Jetzt unverbindlich anfragen
Abokal Logo

Najat Abokal
Rechtsanwältin

Kienitzer Straße 107
12049 Berlin

030 / 622 068 96
info@kanzlei-abokal.de

Contact

Jetzt unverbindlich & kostenlos anfragen.

Abokal Logo

Najat Abokal
Attorney

Kienitzer Straße 107
12049 Berlin

030 / 622 068 96
030 / 325 903 62
info@kanzlei-abokal.de

Office Hours:
Monday - Friday: 10.00 -13.00
Monday, Tuesday, Thursday: 15.00 - 17.00