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Focus · International family law

Two questions,
not one.

When a marriage with a cross-border element breaks down, it splits into two questions: which court may grant the divorce? And under which law? The two can come apart.

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  • Brussels IIb & Rome III
  • Recognition & pension rights adjustment
  • Frankfurt-Gallus

Forum & law

Which court – and which law. Not the same thing.

In a purely German case both questions coincide. With a cross-border element they do not: a German court can dissolve your marriage under Italian or Turkish law – that is the normal case, not an error.

Diagram with two scenarios. Columns: on the left the court with jurisdiction (forum, Brussels IIb), on the right the applicable law (Rome III). Scenario 1 „no cross-border element": a German court leads to German law – court and law coincide. Scenario 2 „with a cross-border element": the same German court applies the law of habitual residence – court and law come apart.

  1. Which court? (Forum)

    Jurisdiction follows the Brussels IIb Regulation – what matters is habitual residence (Art. 3). If several states have jurisdiction, early filing secures the forum (Art. 16).

  2. Which law?

    The applicable law follows the Rome III Regulation. Absent a choice, habitual residence counts – but you can choose the law yourself, in Germany even during ongoing proceedings.

purely German – both Germany with a cross-border element – court ≠ law

Where the divorce takes place changes not only the venue – it changes the outcome. Forum and applicable law follow different regulations and different connecting factors.

A German court can grant a divorce under Italian law.

In international family law this is the normal case, not an error. Jurisdiction and applicable law follow different rules – and different connecting factors.

  • It means: jurisdiction (Brussels IIb) and applicable law (Rome III) are determined separately.
  • It does not mean: that the court automatically applies its own law.

Jurisdiction

Which court has jurisdiction?

Within the EU this is governed by the Brussels IIb Regulation – above all through habitual residence.

VO (EU) 2019/1111, applicable to proceedings from 1 August 2022 and in force in all Member States except Denmark. Art. 3 lists the possible connecting factors – what matters above all is the habitual residence of the spouses, alongside their nationality.

Whoever files first determines the forum. If the courts of several states have jurisdiction at the same time, the court seised later stays its proceedings (Art. 16 et seq. Brussels IIb Regulation). This race sometimes decides more than any question of substance.

Applicable law

Which law applies to the divorce?

This is governed by the Rome III Regulation – and you can, within limits, choose the law yourself.

VO (EU) Nr. 1259/2010, in which not all EU states participate. Absent a choice of your own, the divorce law is determined primarily by the habitual residence of the spouses, not necessarily by their nationality.

The choice of law is often the most effective lever. In Germany it is even possible during ongoing proceedings – it decides separation periods, any fault principle, the entire framework of the proceedings.

Ancillary matters

What about maintenance, assets, children?

Each ancillary matter has its own regulation – this is where the reach of Rome III ends.

Maintenance follows the EU Maintenance Regulation (VO (EG) Nr. 4/2009), matrimonial property law the EU Matrimonial Property Regulation (VO (EU) 2016/1103) – for marriages from 29 January 2019 onwards or with a later choice of law.

Children follow their habitual residence. Custody and contact are governed – again under the Brussels IIb Regulation – by the child's residence. Where a child is wrongfully removed across a border, the Hague Child Abduction Convention applies: short deadlines, the basic rule being return first, then negotiate.

Pension rights adjustment

And the pension rights adjustment?

Hardly any other country knows it – but it is not lost for that reason.

A foreign court will as a rule not divide your pension entitlements, and a divorce pronounced abroad usually does not include it.

Where German law applies, a German court can decide separately on the pension rights adjustment. So those divorced abroad do not necessarily lose it – but forfeit it if they do not actively assert it.

Recognition

Will my foreign divorce be recognised in Germany?

Within the EU automatically – outside it a formal procedure is required.

A divorce from another Member State (except Denmark) is valid without any special procedure (Brussels IIb Regulation). Outside the EU, formal recognition by the competent Land judicial administration is usually required before you are regarded as divorced here and may remarry.

Services

How we support you

From forum analysis to recognition – cross-border, in several languages.

Forum & jurisdiction analysis

We examine the connecting factors and clarify which courts have jurisdiction – before anyone files an application.

Choice of law & strategy

We determine the applicable law and use the choice of law as a lever, as long as it remains open.

International divorce petition

We prepare the petition and – where it counts – secure the more favourable forum through early filing.

Cross-border maintenance & property

We assign maintenance and matrimonial property questions to the right regulations and bring them together.

Custody & child abduction

In cross-border matters concerning children we act quickly – also under the Hague Convention.

Recognition & pension rights adjustment

We have foreign divorces recognised and obtain the pension rights adjustment where it is missing.

Advising early means: making the choice between forum and law while it is still open.

In this order

What needs to be clarified first

Forum and applicable law come at the beginning – not at the end. Only then the petition.

  1. 1

    Clarify the cross-border element

    Residence and nationality of both spouses – the connecting factors come at the beginning.

    Residence · Nationality
  2. 2

    Determine the forum

    Which courts have jurisdiction – and which is the more favourable for you?

    Brussels IIb
  3. 3

    Choose the law

    As long as the choice remains open, we use it as a lever for the proceedings.

    Rome III
  4. 4

    File the petition

    Where the race counts, early filing secures the desired forum.

    First to file
  5. 5

    Ancillary matters & recognition

    Order maintenance, matrimonial property and pension rights adjustment, have the foreign divorce recognised.

    Maintenance · Property · Pension

Standard order – may differ in individual cases, as of 2026.

Frequently asked questions

Good to know

Which court has jurisdiction in an international divorce?

Within the EU this is governed by the Brussels IIb Regulation (VO (EU) 2019/1111, applicable to proceedings from 1 August 2022, in force in all Member States except Denmark). What matters above all is the habitual residence of the spouses, alongside their nationality (Art. 3). Often the courts of several states have jurisdiction at the same time – whoever files first determines the forum; the court seised later stays its proceedings (Art. 16 et seq.).

Can a German court grant a divorce under foreign law?

Yes, in international family law this is the normal case, not an error. Which court has jurisdiction and which law it applies are two separate questions. The applicable divorce law is governed by the Rome III Regulation (VO (EU) Nr. 1259/2010) and, absent any choice, is determined primarily by habitual residence – not necessarily by nationality.

Can I choose the applicable law myself?

Within the limits set by Rome III, yes – in Germany even during ongoing proceedings. This choice of law is often the most effective lever: it decides separation periods, any fault principle and the entire framework of the proceedings.

Will my foreign divorce be recognised in Germany?

Within the EU automatically: a divorce from another Member State (except Denmark) is valid without any special procedure (Brussels IIb Regulation). Outside the EU, formal recognition by the competent Land judicial administration is usually required before you are regarded as divorced here and may remarry.

Selected questions covered in detail in our guides:

Married abroad — divorce in Germany? Does my lawyer have to be from my city?

Sources

Legal basis

The legal acts mentioned in the text – European regulations on EUR-Lex, the Hague Convention with the Hague Conference on Private International Law.

Brüssel IIb-VO (EU) 2019/1111 Rom III-VO (EU) Nr. 1259/2010 EU-Unterhalts-VO (EG) Nr. 4/2009 EU-Güterrechts-VO (EU) 2016/1103 Haager Kindesentführungsübereinkommen

Contact

You don’t have to take the first step alone

Choose whichever way feels right for you – we reply personally, usually within one business day.