Іноземне рішення про розлучення - визнання
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Подати заявку зараз
Чому я повинен вказувати місцезнаходження?
За допомогою інформації про місцезнаходження ми можемо відображати інформацію, форми та послуги, які підходять для вас і вашого відповідального офісу.
Яку локацію вказати?
Наприклад, ваше місце проживання, якщо ви хочете подати заявку на отримання паспорта, або місцезнаходження компанії, якщо ви хочете зареєструвати бізнес.
In addition to the fully completed and signed application form (available on the homepage of the relevant state judicial administration or from the registrar), the following documents must be submitted in the original (additional documents may be required in individual cases):
- Marriage certificate or family register extract or marriage register extract of the divorced marriage as proof of the marriage.
- Complete copy or certified copy of the foreign decision issued by the court of the decision-making state with facts and reasons. As far as an official divorce is concerned, a divorce certificate or an extract from the divorce register must be submitted.
- Proof of the legal force of the foreign judgment (either by a legal force note on the judgment, by a separate document or by an entry in the register of civil status).
- Proof of entry in the register in the case of countries where this is required for the validity of the decision.
- Translations of all foreign language documents prepared by a recognized translator in Germany.
- Certificate of the applicant's earnings/income.
- Written power of attorney, if the application is submitted by an authorized representative.
- Copy of the applicant's valid passport.
The documents will be returned to you at the end of the procedure.
The originals of the documents must always be provided with the legalization of the competent German mission abroad or with the apostille of the competent foreign home authority.
In the case of legalization, the German embassy in the country of divorce confirms that
- the signatures on the document are genuine and
- the signatory was authorized to issue public documents.
Several countries have concluded the Hague Convention of 05.10.1961 on the Exemption of Foreign Public Documents from Legalization in order to simplify the process of over-authentication by legalization. According to Art. 3, para. 1 of the Convention, legalization is replaced by the apostille between the contracting states. It is issued by the competent authority of the state that issued the document. According to Art. 5, para. 2 of the Convention, the apostille attests to a rebuttable presumption of the authenticity of the document.
Special guidelines apply to documents from countries whose legal systems, in the opinion of the German Foreign Office, have such serious deficiencies that legalization is no longer justifiable. As a rule, these documents are checked for authenticity and accuracy of content by the German mission abroad by way of administrative assistance. The applicant must bear the costs incurred as a result.
- For the determination that the requirements for the recognition of a foreign decision are met: EUR 15.00 to EUR 305.00.
- In assessing the fee, particular account shall be taken of the importance of the matter for the parties involved, the scope and difficulty of the official act and the income and financial circumstances of the person filing the application.
- In case of rejection or withdrawal of the application: half of the fee for the recognition decision, but at least EUR 15.00.
Просте пояснення
According to the general principles of state and international law, judgments and comparable acts of state generally have direct legal effect only in the territory of the state in which they were issued. Each state is free to decide whether and, if so, under what conditions it recognizes foreign sovereign acts, insofar as it is not bound by international treaties.
Recognition is required for foreign decisions by which a marriage has been declared null and void, annulled, divorced in accordance with the marriage contract or while maintaining the marriage contract, or by which the existence or non-existence of a marriage between the parties has been established. This applies in particular to foreign divorce decrees, but also to comparable decisions by (for example, Russian) administrative authorities or so-called private divorces before religious courts such as the Arab Sharia courts or the rabbinate courts in Israel, as well as declarations of divorce before a Thai registry office.
A formal recognition procedure is not required if an authority of the state to which both spouses belonged exclusively (i.e. no dual nationality) at the time of the decision was involved in the foreign decision (so-called home state decision).
A formal recognition procedure does not have to be carried out for decisions in matrimonial matters from member states of the European Union - except Denmark - if the proceedings were initiated after March 1, 2001 or after the accession of the member state at a later date.
The decision is given only upon application. In addition to the spouses concerned, any person who can credibly demonstrate a legal interest in clarifying the status issue (e.g. fiancées, subsequent spouses or heirs) is entitled to file an application. The pension insurance institutions also have their own right of application. Recognition is granted upon application. The foreign decision only becomes effective in the German legal sphere once the application has been granted by a decision.
Both the recognition and non-recognition decisions of the state judicial administration are binding on all courts and authorities in Germany, Section 107 (9) FamFG. With the recognition of the foreign divorce, the marriage is also deemed to have been dissolved for the German legal sphere with retroactive effect to the date of the foreign divorce. The decision under section 107 FamFG extends exclusively to the pronouncement of the divorce (change of status from "married" to "divorced"). Any provisions made in the foreign decision on matters subsequent to divorce (e.g. provisions on maintenance, custody and pension equalization) are not affected.
Яким вимогам потрібно відповідати?
Recognition is required for foreign judgments by which a marriage has been declared null and void, annulled, divorced in accordance with the marriage contract or while maintaining the marriage contract, or by which the existence or non-existence of a marriage between the parties has been established. This applies in particular to foreign divorce decrees, but also to comparable decisions by (for example, Russian) administrative authorities or so-called private divorces before religious courts such as the Arab Sharia courts or the rabbinate courts in Israel, as well as declarations of divorce before a Thai registry office.
A formal recognition procedure is not required if the foreign decision was made by an authority of the state to which both spouses belonged exclusivelyat the time of the decision (so-called home state decision).A home state decision does not exist if one of the spouses held another nationality in addition to the nationality of the state of divorce at the time of the divorce or if at least one of the spouses was subject to a personal statute other than that of the state of divorce at the time of the divorce as a homeless foreigner, person entitled to asylum or foreign refugee. Provided there is a legal interest, formal recognition may also be granted upon request in cases of a home state decision.
A formal recognition procedure is not to be carried out for decisions in matrimonial matters from member states of the European Union - except Denmark - if the proceedings were initiated after March 1, 2001 or after the accession of the member state at a later date.
The decision is given only upon application. In addition to the spouses concerned, any person who can credibly demonstrate a legal interest in clarifying the status issue (e.g. fiancées, subsequent spouses or heirs) is entitled to file an application. The pension insurance institutions also have their own right of application. Recognition is granted upon application. The foreign decision only becomes effective in the German legal sphere once the application has been granted by a decision.
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