The out-of-court divorce of a marriage in Italy must also be recognized in Germany. The CJEU decided this with a judgment on November 15, 2022 (Case No.: C-646-20).
Family law is becoming a little more European. Previously, the question arose whether an out-of-court divorce in an EU member state is automatically recognized in Germany, explains the law firm MTR Rechtsanwälte, which also focuses its advisory services on family law. The CJEU has clearly affirmed this question with its ruling on November 15, 2022.
Europe is coming together. Marriages between people of different nationalities are no longer uncommon. In this context, international family law also needs to modernize. This affects not only marriage but also divorce.
In the case before the CJEU, a woman with German and Italian citizenship and a German man married in Germany in 2013. The marriage broke down, and the couple divorced in Italy. Unlike in Germany, a divorce in Italy does not have to occur in court. It can also be carried out by a registrar. The couple opted for such an out-of-court divorce. They declared their mutual decision to divorce before the registry office and received certification after the appropriate review that the marriage was dissolved.
Problems arose when the woman wanted to enter the divorce in the German marriage register. The Berlin registry office refused recognition and demanded prior recognition of the divorce by the German state justice administration. As a result, the divorce ended up before the Federal Court of Justice, which called upon the CJEU. The CJEU was to clarify whether the term ‘decision’ in the Brussels IIa Regulation also includes the recognition of out-of-court divorces.
The CJEU determined that the term ‘decision’ includes any decision regarding a divorce – whether judicial or out-of-court. Therefore, an out-of-court divorce pronounced by a public authority must also be recognized in other EU member states.
Especially in international marriages, the legal consequences of a divorce are not always easy to foresee. In the area of family law and international family law, experienced lawyers at MTR Rechtsanwälte will advise you.
