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Las Vegas, Venice or tropical palm trees on the beach often offer a romantic backdrop for a wedding. However, it should not be forgotten that marriage is a legally binding contract with implications in many ways.
The place of marriage does not automatically determine the legal system that governs the other legal relationships between spouses, such as naming rights, matrimonial property regimes and child custody.
A separate check is required, especially for married couples of different nationalities.
It is best to consult a lawyer beforehand and, if necessary, draw up a prenuptial agreement.
Whether a German court or an authority has to apply German or foreign law is determined by international private law.
Recognition of a marriage concluded abroad:
At the time of marriage, the legal requirements (singleness, minimum age) for marriage must be met for both fiancées in accordance with their home law.
With regard to the form of the marriage, the law at the place of marriage must be observed.
The foreign marriage certificate serves as proof of a marriage concluded abroad.
In the case of an international divorce, the Rome III Regulation of the EU applies.
This specifies which national law applies to a divorce for a married couple in an international context.
The Rome III Regulation covers the substantive law of divorce.
Financial consequences of the marriage, maintenance obligations, as well as questions regarding the name of the spouses, parental custody and inheritances are excluded.
According to the Rome III Regulation, spouses can make a choice of law as part of a separation and divorce agreement.
If no choice of law has been made, divorce law is usually based on the spouses' habitual residence at the time the divorce is filed.
This is determined based on the actual circumstances: the focus of family and professional contacts plays a major role.
If the spouses do not have a common habitual residence but have a common nationality, the divorce law must be determined accordingly.
Recognition of a foreign divorce in Germany
In principle, the foreign decision only becomes effective for the German legal area after it has been recognized by the state judicial administration.
Recognition of a German divorce abroad
In order to clarify the marriage requirements for bi-national marriages or to enforce property rights, it is often necessary for a German divorce decision to be recognized abroad and entered in the civil status register there.
Usually, a decision from the local courts or authorities is required for the recognition of German divorce decisions.
In the EU, certain German divorce decisions are regularly recognized in another EU member state (except Denmark) without the need for prior legal proceedings.
A law firm specializing in international family law will provide you with comprehensive information about the specific procedures and give you individual information about your legal situation.
The right to maintenance always has a foreign connection when either the person entitled to maintenance or the person obliged to pay maintenance is abroad.
There is no uniform maintenance law in Europe.
First, it must be determined which court has international jurisdiction.
This applies primarily European Maintenance Regulation (EuUnthVO) for all EU member states.
This means, for example, that the parent living abroad can also be claimed if the child lives in Germany.
The parties can agree on the place of jurisdiction with regard to existing and future maintenance disputes.
If it is maintenance for a minor child, this is not possible.
The court at the child's place of residence then has jurisdiction.
The Hague maintenance protocol (HUP) determines the applicability of family law.
It applies to all member states and non-member states.
With the exception of child support, a choice of law can also be made here.
If you have moved abroad as a dependent, you can enforce adjustments with the help of a lawyer.
Depending on the cost of living, this can lead to an increase or reduction in the maintenance entitlement.
International family constellations are becoming more and more important. Our family law lawyers have adapted to progress and advise you on all matters of international family law.
In the area of divorce, we help you carry out legally compliant divorce proceedings with a foreign connection. We support you in initiating a recognition procedure and advise you on the most cost-effective way to carry out a divorce. Are you planning a wedding abroad? With us, your marriage will be legally recognized.
We also work for you in the area of international maintenance law: We help you obtain and enforce international maintenance orders. Has the person liable for maintenance moved abroad? Then there may be adjustments to maintenance due to changes in the cost of living abroad.
My international family law firm has diverse and long-standing experience with international cases. In order to guarantee you comprehensive advice, I often work with colleagues from abroad in international cases.
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