The out-of-court divorce of a marriage in Italy must also be recognized in Germany. The ECJ ruled on this with its judgment of November 15, 2022 (Ref.: C-646-20).
Family law is becoming a bit more European. So far, the question has been whether an out-of-court divorce in an EU member state is also automatically recognized in Germany, explains the law firm MTR Rechtsanwälte, which also has a focus on family law. The ECJ has clearly affirmed this question with its judgment on November 15, 2022.
Europe is coming together. Marriages between people of different nationalities are no longer uncommon. In this context, international family law must also modernize. This affects not only marriage but also divorce.
In the case before the ECJ, a woman with dual German and Italian nationality and a German 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 conducted by a civil registrar. The couple opted for such an out-of-court divorce. They declared before the registry office that they wished to divorce amicably and received a certificate after the appropriate examination confirming the marriage was dissolved.
The issue arose when the woman wanted to register the divorce in the German marriage register. The Berlin registry office refused recognition and demanded prior recognition of the divorce by the German state judicial administration. The divorce eventually ended up before the BGH, which referred it to the ECJ. The ECJ was asked to clarify whether the term ‘decision’ in the Brussels IIa Regulation also includes the recognition of out-of-court divorces.
The ECJ determined that the term ‘decision’ includes any decision on a divorce – whether judicial or extrajudicial. 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 discern. Experienced lawyers in family and international family law will advise you at MTR Rechtsanwälte.
