According to the general principles of constitutional and international law, judgments and comparable acts of state generally have direct legal effect only in the territory of the state in which they were issued. Each state is free to decide whether and, if so, under what conditions it will recognize foreign acts of sovereignty, unless it is bound by international treaties.

Foreign decisions that annul or dissolve a marriage, divorce the parties after or while maintaining the marriage bond, or determine the existence or non-existence of a marriage between the parties require recognition. This applies in particular to foreign divorce decrees, but also to comparable decisions by (for example, Russian) administrative authorities or so-called private divorces before religious courts such as the Arab Sharia courts or the rabbinical courts in Israel, as well as divorce declarations before a Thai registry office.

A formal recognition procedure is not necessary if a state authority of the country of which both spouses were exclusively citizens (i.e., no dual citizenship) at the time of the decision was involved in the foreign decision (so-called home country decision).

A formal recognition procedure is not required for decisions in matrimonial matters from Member States of the European Union – except Denmark – if the proceedings were initiated after March 1, 2001, or after the Member State joined the EU at a later date.

The decision is made only upon application. In addition to the spouses concerned, any person who can demonstrate a legal interest in clarifying the status issue (e.g., fiancés, future spouses, or heirs) is entitled to apply. Pension insurance institutions also have their own right of application. Recognition is granted upon application. Only when this has been approved by official decision does the foreign decision take effect in the German legal sphere.

The recognition or non-recognition determination by the state justice administration is binding on all courts and authorities in Germany, Section 107 (9) FamFG. With the recognition of the foreign divorce, the marriage is also considered dissolved under German law retroactively to the date of the foreign divorce. The decision pursuant to Section 107 FamFG extends exclusively to the pronouncement of divorce (change of status from "married" to "divorced"). Any provisions made in the foreign decision regarding the consequences of divorce (e.g., provisions on maintenance, custody, and pension rights equalization) are not affected.

After reviewing the general requirements and the documents submitted, the former spouse of the applicant will be granted a legal hearing.

• A hearing period will be set for this purpose.
• In order to conduct the required hearing, the current and deliverable address of the former spouse is therefore always required. Deliverable means that the address must be provided in full (current surname, street name, house number and, if applicable, apartment number, postal code, etc.).
• If the party to be heard is resident abroad, the address must be provided at least in the international postal language (French) and, if necessary, also in the language of the country of receipt.
• Violation of the right to a fair hearing may result in the decision being overturned.

• The applicant must make every reasonable effort to determine the address. If the address cannot be determined, the impossibility of providing it must be proven.

The application will be decided upon in a written procedure. Even if applications/documents are submitted during opening hours, they will not be reviewed immediately. Applications are generally processed in the order in which they are received. To ensure that all incoming applications are processed quickly and continuously, please refrain from making telephone inquiries about the status of your application.

Application for a court decision from the civil division of the locally competent higher regional court

Provided that all necessary documents are available, the processing time is at least one to four months, depending on the individual case and the processing time of the competent state justice administration. The former spouse of the applicant must be granted a legal hearing in the recognition procedure; a hearing period is set for this purpose. Letters or replies from the persons to be heard may lead to a delay in the procedure.

The judicial administration of the state in which one spouse has their habitual residence is responsible. If neither spouse has their habitual residence in Germany, the judicial administration of the state in which a new marriage is to be concluded or a civil partnership is to be established is responsible; the state judicial administration may require proof that the marriage or civil partnership has been registered.

If no other jurisdiction applies, the judicial administration of the state of Berlin (Senate Administration for Justice, Diversity and Anti-Discrimination in Berlin) is responsible.

The application can be submitted using the form provided, together with the relevant documents, via a German registry office, e.g. in connection with the issuance of a certificate of no impediment to marriage or the intended marriage or civil partnership there, via a German diplomatic mission abroad, or directly to the authority responsible for recognition.

In addition to the completed and signed application form (available on the website of the relevant state justice administration or from the registrar), the following documents must be submitted in the original (additional documents may be required in individual cases):

• Marriage certificate or family register extract or marriage register extract from the divorced marriage as proof of marriage.
• Complete copy or certified copy issued by the court of the state in which the decision was made of the foreign decision with facts and reasons. In the case of an administrative divorce, a divorce certificate or an extract from the divorce register must be submitted.
• Proof of the legal validity of the foreign decision (either by means of a note of legal validity on the judgment, by means of a separate document, or by means of an entry in the civil register).
• Proof of registration in countries where this is required for the decision to be valid.
• Translations of all foreign-language documents by a recognized translator in Germany.
• Certificate of the applicant's earnings/income.
• Written power of attorney if the application is submitted by a representative.
• Copy of the applicant's valid passport.

The documents will be returned to you after the procedure has been completed.

The originals of the documents must always be legalized by the competent German diplomatic mission abroad or with an apostille from the competent foreign authority in the applicant's home country.

In the case of legalization , the German embassy in the country of divorce confirms that

• the signatures on the document are genuine and
• the signatory was authorized to issue public documents.

In order to simplify the process of legalization, several countries have signed the Hague Convention of October 5, 1961, on the exemption of foreign public documents from legalization. Legalization is replaced by an apostille between the contracting states in accordance with Art. 3 (1) of the Convention. It is issued by the competent authority of the state that issued the document. According to Art. 5 (2) of the Convention, the apostille attests to a rebuttable presumption of the authenticity of the document.

Special guidelines apply to documents from countries whose document systems, in the opinion of the Federal Foreign Office, have such serious deficiencies that legalization is no longer justifiable. As a rule, these documents are checked for authenticity and accuracy of content by the German diplomatic mission abroad by way of administrative assistance. The costs incurred as a result are to be borne by the applicant.

• For determining that the requirements for recognizing a foreign decision are met: EUR 15.00 to EUR 305.00
• When calculating the fee, particular consideration is given to the significance of the matter for the parties involved, the scope and difficulty of the official act, and the income and financial circumstances of the applicant.
• In the event of rejection or withdrawal of the application: half of the fee for the recognition decision, but at least EUR 15.00