Ruling of the Berlin Court of Appeal on Immorality Due to Lack of Language Skills
Marriages between partners of different nationalities are not uncommon. In such cases, the couple may also choose to enter into a marriage contract. However, the lack of language skills of one partner may create a barrier, but it does not automatically render the marriage contract void due to immorality. This was made clear by the Berlin Court of Appeal in a ruling on 19th July 2024 (Case No.: 16 UF 39/23).
A marriage contract may not be romantic, but it can ensure that many important aspects that could lead to legal disputes between the partners in the event of a divorce are definitively regulated during harmonious times. For example, matters such as property division, maintenance claims, or custody rights can be addressed in the marriage contract.
Marriage Contract Must Not Unreasonably Disadvantage One Partner
This is especially important if one spouse is significantly wealthier than the other. With a marriage contract, the wealthier spouse can protect their assets; without individual agreements, the statutory provisions apply automatically. The goal in a marriage contract is always a fair distribution so that both partners can live in stable economic circumstances even after divorce. Therefore, a marriage contract must not unfairly disadvantage one partner. If it does, it may be deemed immoral and void, as explained by MTR Legal Rechtsanwälte, who specialize in family law.
However, it is not automatically considered immoral if the marriage contract is written in a language that one of the partners does not understand or only partially understands. The Berlin Court of Appeal clarified this point.
Marriage Between a German and a Thai Woman
In the underlying case, a German man and a Thai woman got married. The woman had a modest income in Thailand and had basic knowledge of the German language, enabling her to understand and use simple daily phrases. The man was an entrepreneur. The woman moved to Germany with her daughter from her first marriage, and the couple married. Afterward, she worked briefly in her husband’s company and took German language courses. After the birth of their son, the woman took care of the children and the household.
One day before the wedding, the couple entered into a notarized marriage contract. In the contract, they had chosen German law and, among other things, excluded property division, pension equalization, and post-marital maintenance. For children born during the marriage, maintenance claims were limited. Additionally, the man was to pay the wife a lump sum of 250 Euros for each month starting from the 49th month of marriage. The contract also stipulated that if they moved to Thailand, Thai law would apply, and the agreements in the marriage contract would largely remain in effect.
Marriage Contract Immoral and Invalid?
The marriage failed, and after the divorce, a dispute arose as to whether the marriage contract was immoral and thus invalid. The woman claimed that she did not understand the content of the marriage contract when it was signed. Although the notary had included an interpreter, the contract was only translated into the Thai official or standard language, which, while spoken in high society, was not used in her home province in Thailand. The oral translation of the agreement was therefore insufficient, and the woman argued that her ex-husband had exploited this situation to secure a favorable contract for himself. She claimed that she was unfairly disadvantaged by the marriage contract.
The Berlin Court of Appeal confirmed that it had international jurisdiction over the matter. This was due to the fact that the divorce was conducted by a German court, which was sufficient to establish the international jurisdiction of German courts for matters of marital property law. Furthermore, German law had been correctly applied, and the choice of law in the marriage contract was valid.
Marriage Contract Valid Under German Law
Based on German law, the marriage contract was deemed valid. The notary had included an interpreter. The woman’s claims that she did not understand the translation were not convincing. If she truly could not follow the proceedings, it was not understandable that she did not alert her partner, the notary, or the interpreter and still signed the contract, the Berlin Court of Appeal stated. If her statement to the notary that she understood Thai was inaccurate, she was not entitled to claim the invalidity of the document based on her incorrect statements to the notary.
Furthermore, the marriage contract was not immoral in substance and was therefore valid, the Berlin Court of Appeal ruled.
International Marriages Require Legal Considerations
Marriages with an international connection are becoming more common, and specific legal aspects should be considered. MTR Legal Rechtsanwälte provides advice on international family law.
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