Decree absolute not enough

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hi all,

 

I'm lookig for a little help with docs required for marrying in germany. I'm Uk, she's NL. We visited the standesamt to find out what's required.

 

1 - Original of Birth cert. plus Apostille. From my research this seems to be a case of sending Birth Cert to FCO in UK - Should be OK (anybody have experience of this?)

 

2 - Require a Certificate of No Impediment. Spoke to Consulate and they said not needed and gave me a letter (in german) from govt to prove it (hope it works)

 

3 - and this is the sticking point! I was married before in UK. Divorced 2008. The standesamt will not accept the decree absolute as an official doc. they say a need a "certificate referred to in article 39 of council regulation No. 2201/2003 etc etc etc "

 

What on earth is this? i can find no reference on t'internet as to how to get one, i've spoken to the County Court in UK and they have no idea either.

 

Can anybody help - rapidly loosing the will to live!!!

 

Thanks in advance

 

PP

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oh yes they want this as well. also with an apostille. No the doc they are after definately relates to the divorce

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From a quick google, it appears to be the "Certificate referred to in Article 39 of Council Regulation (EC) No. 2201/2003 of 27 November 2003(1) concerning judgments in matrimonial matters". It seems to be called D180 in the UK, you can download it here.

 

I have no idea what you do with it though - the County Court should know, they might recognise it if you give them the number.

 

Edit: For the curious, the full text of the council regulation is here.

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Dear Pint,

 

I have been through this although it was (and still is!)my first marriage.You can order a copy of your birth certificate from the UK online, then when you get it (mine took 4 weeks to arrive)you need it translated by an official translator and authenticated.

You are bob on about the no lawful impediment proof, british citizens have an exemption for this document (do a search on marriage on TT-full explanation is one of my old threads).

Part 3....no idea, however i am sure you know marriage in the Netherlands is a cake walk, so unless you have specific reasons for doing it in Germany, why not nip back to your fiance's homeland and seal the deal there?

 

either way, good luck and congratulations, dutch women are top drawer! ;)

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I can tell you now that the D180 is still required for divorced UK citizens who plan on marrying again.

 

A Decree Absolute on its own isn't accepted by the Standesamt and you need to provide a certified copy which has been legalised.

 

You need to complete the D180 online, email a copy to the county court where your Decree Absolute was issued, along with a scanned copy of the DA if you have it (to speed up the process), as well as paying the fee of 60 GBP (can be made via credit card over the phone with the county court).

 

The document is then signed by the judge, sent back to you by snail mail and you then need to send it back to the UK for this form to be legalised by the UK government Legalisation Office (cost is currently 30 pounds and you can pay online).

 

The entire process took me 8 weeks - the county court in London didn't put themselves out in the slightest to help and refused to give any indication of how long it would take to have a judge put his signature on the document.  In the end it took nearly 6 weeks from me submitting it to having the signed copy returned to me.

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Hi all,

I am just in the process of going through the mill of getting married here in Germany.

I was advised that I need to fill out the article 39 form to verify I am divorced. What confuses me here is that I can, once the form is filled out, have it printed in german rather than english... As no one really has explained what to do and how to fill it out etc I have reached a point where my head is buzzing...

Then I read the above and that confused me even more... why would I send a form article 39 to the court where I was divorced, for them to then stamp it and send it back to me, to then send it back to the UK to get legalised... that doesnt make sense... specially when I need to send the documents(birth cert,marriage cert and by the looks of it the DA) ,once translated here in germany by a recognised translations office, to the high courts for them to follow up and decide -once theyve been paid- if I can get married here or not...

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Gosh... sounds complicated for UK folks. For Canadians there is no such thing as a proof of divorce or "celibate" status. The Canadian Embassy here knows that this is a required document in Germany. I simply had to write them a letter asking for them to say that Canada cannot provide such a document, in German and the Standesamt was fine.

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Thats just Bonkers!!  

 

All that "proof of divorce etc" and yet Muhamed can move here with his 6 wives and get housed and fed by the state!

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1 hour ago, Nightstalker said:

Hi all,

I am just in the process of going through the mill of getting married here in Germany.

I was advised that I need to fill out the article 39 form to verify I am divorced. What confuses me here is that I can, once the form is filled out, have it printed in german rather than english... As no one really has explained what to do and how to fill it out etc I have reached a point where my head is buzzing...

Then I read the above and that confused me even more... why would I send a form article 39 to the court where I was divorced, for them to then stamp it and send it back to me, to then send it back to the UK to get legalised... that doesnt make sense... specially when I need to send the documents(birth cert,marriage cert and by the looks of it the DA) ,once translated here in germany by a recognised translations office, to the high courts for them to follow up and decide -once theyve been paid- if I can get married here or not...

 

I started the marriage process in Germany in June/July of last year. 7/8 months later I am almost at the finishing line. 

 

Your divorce will have to be verified by the German authorities. It is not enough to say that you are divorced, they will send a letter to your ex wife asking her about your divorce. You really need to follow everything by the book. This will take time and everything needs to be translated.

 

In my case the absolute decree was not enough, they wanted to see the actual Judgement.

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Hi, why would they want to contact my ex? If that is the case then I will never get married again as shes got auch hatred towards me that she'll not even answer them... The standesamt never mentioned any of what youve just said... Are you getting married to a german?

 

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I have never heart of them contacting an ex.

 

Many moons ago, I had to provide an official German copy of my divorce in the U.S. On some form, I mentioned that this would be my 3rd marriage. They then asked for a translated copy of my first marriage when I was 18. Luckily, it was still on file somewhere and I managed to get a copy.

 

I've know loads of people getting married over here but never heard about an ex being contacted. Is this new? I can't figure out why unless they want to make sure no alimony or child support is owed.

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@AlexTr also had the same problem. They mentioned that the divorce must be recognised in Germany. They sent a letter to my ex. I have no idea if she replied.  The divorce took 3 months to get recognised. Then I had to wait another few months for the exemption of certificate of no impediment. Altogether to get where I am now cost 2k euros and a lot of time.

 

Yes I am marrying a German. 

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Blyme... That sounds pretty stressfull... Did you fill out an article 39 form and sent it to the UK to be sigend off by the court where your divorce was made absolute? My understanding is that rhis form article 39 is stamped by the judges office to prove the Absolute is what it is... This form then gets translated here in germany(as Ive now found out) and then gets sent to the Landes Gericht via the Standesamt...so I dont understand why the documents would need to be verified again...in which Bundesland are you intending to getting wed?

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For the apostille, you may be able to use the online service. You upload your document, they stamp it and send it back. They even have an express service. 

 

https://www.gov.uk/get-document-legalised

 

Number 3 (the article 39) you get from a circuit court. Another poster shared the details. Legally, for recognition, the divorce decree and the article 39 document that is valid across Europe should suffice. For everything else, you can check section 328 of the German Code of Civil Procedure.

 

There is something here. Doesn't say anything about spouses - but I think you can get rich in European Court of Human Rights if you cannot get married again because your ex-wife does not answer the phone:)) There is bound to be alternative procedures - what if your officially divorced wife chooses to get lost in an adventure in the tropics? Pintplease versus Germany or something:))) This is exacly why people divorce. In some cases, maybe the official time to appeal was not complete yet, or people had not waived the right to appeal in advance or something. In some countries, when the ex spouse writes to the court, this may speed up the recognition process perhaps, but it's unlikely that you cannot proceed because of this. 

 

http://www.auswaertiges-amt.de/EN/Laenderinformationen/01-Laender/Konsularisches/Eheschliessung_node.html

 

 

 

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8 hours ago, Nightstalker said:

Blyme... That sounds pretty stressfull... Did you fill out an article 39 form and sent it to the UK to be sigend off by the court where your divorce was made absolute? My understanding is that rhis form article 39 is stamped by the judges office to prove the Absolute is what it is... This form then gets translated here in germany(as Ive now found out) and then gets sent to the Landes Gericht via the Standesamt...so I dont understand why the documents would need to be verified again...in which Bundesland are you intending to getting wed?

 

I am not trying to scare you and I guess it might be easier for you than it was me. My divorce is from the US and we are getting married in Dresden. The fact that your divorce was from an EU state will probably make a difference. If you are resident in Germany you will need an exemption for the certificate of no impediment as the UK will not give you one, this will take 2 months to get (for me in Dresden anyway).

 

My birth certificate with apostle I ordered online, even that was a bit complicated as the registry for births in Scotland and England are handled differently. Scotland forgot to put the seal on it which prevented the Apostle being attached, so it took a bit longer to get it back.

 

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Wow... The standesamt never mentioned anything about legalising birth certificates etc. 

I was told my certified copy of my birthcertificate an the certified copy of my marriage certificate would need to be translated along with my decree absolut... Guess i need to get a move on if im to try and get married in july :-/. 

I was kinda wondering if you were either non British or if your divorce was outside the EU for you to have these problems...

Anyway thanks guys for your input...its much appreciated :-)

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8 minutes ago, Nightstalker said:

Wow... The standesamt never mentioned anything about legalising birth certificates etc. 

I was told my certified copy of my birthcertificate an the certified copy of my marriage certificate would need to be translated along with my decree absolut... Guess i need to get a move on if im to try and get married in july :-/. 

I was kinda wondering if you were either non British or if your divorce was outside the EU for you to have these problems...

Anyway thanks guys for your input...its much appreciated :-)

 

My divorce and marriage was in the US. and I am British. My daughter is also German, so I needed to go through all the hurdles they were asking especially if I wanted to change my daughters name. 

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Does anybody here know if the D180 form, once signed by a judge, has to be translated to German in order to be accepted by the German (Munich) authorities? Thanks in advance!

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