Invalidity of a Marriage by Videoconference in the USA: Decision of the Federal Court of Justice
Global digitalization has in recent years changed the way international marriage and family matters are handled. Especially the use of modern means of communication, such as video calls, has in an increasingly connected world also raised new questions in the area of international marriage law. In this context, the Federal Court of Justice (decision of 28 November 2024, ref. XII ZB 244/22) ruled that a marriage performed under US law in which one of the parties participates from Germany via videoconference, will not be recognized under German law.
Initial Situation: Distance Marriages and New Challenges
International Marriages: Principles and Recognition
With increasing international mobility, marriages are being conducted across borders more frequently. German private international law (PIL) regulates in such cases both the substantive requirements (e.g., capacity to marry, impediments to marriage) as well as the formal requirements for marriage according to the conflict of law rules, especially Art. 13 EGBGB. This means that a marriage conducted abroad is generally recognized in Germany if the applicable formal requirements in the state where the marriage took place have been met and no minimum requirements of German law oppose the recognition.
Digitalization and Marriage Formalities
Ongoing digitalization, particularly since the Covid-19 pandemic, has led to an increase in virtual marriages. In some US states, laws allow marriage by videoconferencing technology, even if one party is abroad. This is appealing to many couples—especially in cases of travel restrictions or significant geographic distance.
Legal Background: Essential Formal and Recognition Requirements
Form of Marriage under German Law
German law imposes strict formal requirements on marriage (see § 1310 BGB). For a marriage to be valid, the parties must be present simultaneously and in person before the registrar. This simultaneous presence is not merely a matter of formal control but serves essential protective and clarifying functions, ensuring the unequivocal intent to marry and the identities of the parties involved.
Relevance under Conflict of Laws
According to Art. 13 (3) EGBGB, unless otherwise provided, the form of marriage is determined by the law of the place where it is performed. Essentially, this means: if a marriage is entered into abroad according to the laws there, it is in principle also recognized in Germany—but only if fundamental principles of German law, in particular those of public policy (ordre public), are not violated.
The Case: Marriage of a Person Living in Germany via Videoconference
Facts and Underlying Circumstances
In the underlying case, a person resident in Germany intended to marry a person residing in the United States through a videoconference before a registrar in the USA, while still in Germany. After the marriage was performed according to the relevant US state’s regulations and duly registered there, the question arose whether this union constitutes a valid marriage under German law.
Decision of the Federal Court of Justice
The Federal Court of Justice made it clear that such a marriage, conducted from Germany via videoconference, does not meet the necessary formal requirements. As a result, this led to the invalidity of the marriage within the German legal sphere.
Reasoning of the Decision: Principle of Physical Presence and Protective Mechanisms
Lack of Simultaneous Physical Presence
Central to the BGH’s decision was the principle that the simultaneous physical presence of both parties before the marriage authority is indispensable. Participation via videoconference does not meet this requirement, even if the law of the state where the marriage takes place permits it. In German law, physical presence is considered an essential prerequisite for marriage, to ensure that the declaration of intent to marry is personal and uninfluenced and that the parties are clearly identified.
Protection of Public Policy
The refusal to recognize the marriage is not based solely on the lack of physical presence, but is closely tied to the protection of public policy (ordre public). A marriage in which one of the parties participates only via technical means, but not in person, is not regarded as adequately protected and legally reviewable within the German legal system.
International Implications and Practical Consequences
Divergences in Legal Systems
The decision of the Federal Court of Justice clearly demonstrates that, despite liberalizations in certain countries and ongoing digitalization, traditional formal requirements still have a significant impact on the international recognition of legal acts such as marriage. Those who wish to marry across borders must consider that recognition of their marriage in their home country may be subject to additional conditions.
Increased Legal Uncertainty and Potential Follow-Up Issues
This decision has far-reaching consequences for those affected: a marriage recognized as valid under US law may have no legal effect in Germany, especially in inheritance, residence, tax, or maintenance law. This can lead to significant uncertainties, particularly if children are involved or there are upcoming financial disputes.
Summary and Outlook
The BGH decision makes it clear that marriages in which a person residing in Germany participates only via videotelephony from abroad will not be recognized under current German law. Particularly in an age of increasing digitalization, this highlights the need to thoroughly examine not only the technical possibilities but also the legal framework, both nationally and internationally. The complexity of conflict-of-law requirements and the differences in substantive and formal marriage regulations suggest that both practical and legal engagement with digital marriage forms will continue to intensify in the future.
For companies, investors, and wealthy private individuals who operate internationally or plan a cross-border marriage, this creates a significant need for consultation—especially to avoid potential legal disadvantages. The team at MTR Legal Rechtsanwalt is available to advise on legal issues regarding the recognition of foreign marriages as well as on related matters.
Source: BGH, decision of 28.11.2024 – XII ZB 244/22, published on urteile.news
