International family law
A German court can divorce your marriage under Italian or Turkish law. That is the normal case, not a mistake.
On this page · 7 sections
Two questions
Which court, which law
On separation, a marriage with a foreign element falls into two separate questions. Which court may grant the divorce, and under which law? In a purely German case the two coincide. With a foreign element they often do not.
Within the EU, jurisdiction is determined by the Brussels IIb Regulation (Regulation (EU) 2019/1111), which applies to proceedings from August 1 2022 and is in force in every member state except Denmark. What counts above all is habitual residence, and alongside it nationality (Article 3). The place of the wedding is not on that list: anyone who married in Italy but lives here is divorced by a German court.
The divorce law that applies, by contrast, is governed by the Rome III Regulation (Regulation (EU) No 1259/2010), which not all EU states take part in. Without a choice of your own it climbs down a fixed ladder, starting with the common habitual residence. So even two German passports do not automatically lead to German law.
Whoever files first determines the forum
Frequently the courts of several states have jurisdiction at the same time. Then it is decided by who files first; the court seized later stays its proceedings (Article 20 Brussels IIb). This race occasionally determines more about the outcome than any question of substance.
The difference
Why the same marriage ends differently in two countries
Whether a divorce requires a Trennungsjahr (year of separation), whether it asks about fault, how long maintenance flows and who keeps what of the assets: every legal system answers that differently. The difference is structural and not merely one of degree.
German law as a rule requires the Trennungsjahr (year of separation) (§ 1566 BGB) and does not ask about fault. Other systems know shorter periods or none at all, or they carry elements of fault right through into maintenance.
With assets the difference is at its clearest. The German community of Zugewinnausgleich (accrued gains) equalizes only the increase at the end; other states keep the estates entirely separate or merge them from the wedding onwards. For marriages from January 29, 2019 the EU Matrimonial Property Regulation regularly freezes the applicable law at the first common residence after the wedding.
Where children are concerned a logic of its own applies. Questions of parental responsibility and contact attach to the child’s habitual residence, not to the forum of the divorce and not to the parents' tactics. It is decided where the child lives.
The sets of rules
One separation, four sets of rules
In an international case, divorce, maintenance, assets and children each have their own source for jurisdiction and applicable law. That is the order behind the apparent confusion.
- Divorce. Jurisdiction under Brussels IIb, above all through habitual residence (Article 3). Applicable law under Rome III. A choice of law is possible, in Germany even during the proceedings.
- Maintenance. Jurisdiction under the EU Maintenance Regulation. Applicable law under the Hague Maintenance Protocol, starting from the habitual residence of the person entitled. A choice of law only within limits.
- Assets and matrimonial property. Jurisdiction and law from the EU Matrimonial Property Regulation, attached to the first common residence after the wedding. A choice of law is possible (Article 22).
- Parental responsibility and contact. Jurisdiction under Brussels IIb through the child’s residence. Applicable law under the Hague Child Protection Convention, as a rule that of the deciding court. No choice of law.
The choice of law is the most effective lever
It decides on separation periods, on any principle of fault, and with that on the structure of the whole proceedings. A handshake is not enough for it: in Germany it needs notarization, and during proceedings a declaration on the court record can take its place. Anyone who makes it in the marital agreement takes the race for the forum out of a future conflict.
The recognition
Divorced abroad, recognized in Germany
A divorce from another EU member state applies here without any special procedure, Denmark excepted. Outside the EU, by contrast, formal recognition by the competent state justice administration is usually needed before you count as divorced here and can marry again (§ 107 FamFG). In Hesse, the Oberlandesgericht (Higher Regional Court) Frankfurt am Main decides on this. After that the decision stands equal to a German one. No procedure is needed if the divorce comes from the state whose nationality both spouses then held, and no other.
Proceedings in Germany can also be conducted from abroad. Common German nationality is enough for jurisdiction (Article 3 Brussels IIb), and anyone returning has, as a German, a place of jurisdiction at the new residence after only six months. Where no European rule applies, § 98 FamFG holds a residual jurisdiction ready. The proceedings do not require a residence in Germany.
Hardly any other country knows the pension rights adjustment
A foreign court will not divide your pension entitlements. The adjustment is not lost for that reason all the same. Where German law applies, a German court can decide on it separately. Anyone divorced abroad keeps that possibility and only has to assert it actively, because nobody raises it of their own accord.
The signs
How to tell that your case has a foreign element
Not every contact with another country makes a divorce international, and many a real foreign element stays unnoticed until it becomes expensive. As a rule it becomes international in one of these situations.
- Different nationalities are involved
- One side lives or works abroad
- Years of the marriage were spent abroad
- Assets lie across the border, property, accounts, retirement provision
- A move abroad is on the table, with or without children
Three things, by contrast, are uncritical
The wedding abroad, because the place of marriage establishes neither jurisdiction nor applicable law. A foreign passport on its own, where both have always lived here. And a stay abroad for a fixed period, because habitual residence does not move along with every temporary relocation.
Legal position as of July 2026. A simplified overview. The EU Matrimonial Property Regulation applies to marriages from January 29, 2019 or after a choice of law; for older marriages the earlier conflict rules frequently attach differently.
Intake form
Gather the details for the petition now
The form asks for what the court requires, including in cases involving another country. We review it before the first consultation.
- About half an hour, pause at any time
- Stays on this device until you send it
- We clarify gaps at the appointment
Further reading
Jurisdiction, law and assets in detail
- International family law · About 6 minutesTwo possible countries: where should we file for divorce?With an international element, several states often have equal jurisdiction. Whoever files first fixes the court, and the court fixes the law.
- International family law · About 6 minutesCan we divorce in Germany if we married abroad?A marriage concluded abroad can be dissolved in Germany. What is decisive is the spouses’ habitual residence; the place of the wedding does not count.
- International family law · About 5 minutesTwo nationalities: under which law will we be divorced?Where there are several passports, the closest connection counts; a German passport usually takes precedence. A shared second nationality opens up room.
- International family law · About 6 minutesForeign assets and accrued gains: which property law appliesIn cross-border cases, the EU Matrimonial Property Regulation decides which property law applies; without a choice of law, the first shared home counts.
- International family law · About 6 minutesUnder which law are we divorced: German or foreign?The competent court and the applicable law are two different things. Rome III determines the divorce law, with a ladder of connecting factors.
Related topics
Often connected with this
- Marital agreementClear rules before they come to matter.
- Uncontested divorceIf you both agree, one lawyer is usually enough.
- Pension rights adjustmentPension rights built up during the marriage are split.
- Online divorceDigital except for the hearing, from anywhere in Germany.
The first step
An appointment is not a decision
In a city like Frankfurt this is no niche subject. Binational marriages, people arriving and leaving, assets on two sides of a border are part of daily life here, and the advice runs in German, English and Spanish. Dietrich Karcher worked for years from an office in Granada and spent a long time in the United States.
The task is not to win a country but to find the combination of forum and law that fits your situation. A hasty petition in the wrong country binds you. Calculating first and filing afterwards rarely costs more than a few days.
We file the petition where it is more favorable for you and assign maintenance and matrimonial property law to the right regulation. We have foreign divorces recognized and obtain a missing Versorgungsausgleich (pension rights adjustment) afterwards. The divorce proceedings themselves only take place in one country. You only need a second adviser in the other country once assets are located there or something has to be enforced there.
Think of the documents. Outside the EU, a foreign marriage certificate needs an apostille or legalization depending on the treaty, and regularly a certified translation. That takes weeks, in some states months, and therefore belongs at the beginning.
Under § 34 RVG (German Lawyers’ Fees Act), the first consultation costs at most €226.10 including VAT. If we take on your case, this fee does not apply. How the fees are calculated