How to legalise foreign divorce in Germany

[kapil354 94]

Hello all, 

For a foreign marriage and divorce which has been appositled in a non-EU country. For naturalization process - how can one submit the divorce papers. 
Is "appostile divorce" plus a "official german translation" sufficient or there is more to it that needs to be done?.

 

Appreciate any comments or advice .

[kapil354 94]

In other words, is divorce apostille enough for naturalization or ...?

[Straightpoop 702]

I am not sure from your post whether you understand what an "apostille" is - or is not.

 

An apostille is an authentication of a document issued by an official in a foreign country attesting to the genuineness of that official's status and thus the validity - under local foreign law - of the document the official has issued.  An apostille follows a form prescribed under a multilateral treaty (to which Germany is a signatory) called The Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (AKA:  Hague Legalization Convention).

 

For greater detail:

 

https://en.wikipedia.org/wiki/Apostille_Convention

 

If you need to prove the fact of a foreign marriage and subsequent foreign divorce, a copy of a marriage certificate and divorce decree certified as genuine by a foreign official may require the addition of a foreign apostille to satisfy whatever documentary requirements are imposed by German law for whatever it is you are attempting to accomplish.

 

It does not necessarily mean that either the marriage or the divorce itself will be entitled to legal recognition by German officialdom; only that the foreign document offered as evidence of these events is genuine. 

 

For example, if you satisfactorily prove a marriage in France that seems entirely proper and recognizable under German law, a properly authenticated decree of divorce issued by an official of the Dominican Republic (a Hague Convention signatory) even with an apostille may inadequate in the eyes of German law to effectively return you to unmarried status in Germany. That is because German officialdom may challenge the DR's jurisdiction to validly divorce you if your connections to the DR are deemed insufficiant to compel recognition in Germany. (The DR is notorious for its "quickie divorces" issued with little or no residence requirements by either party.)

 

 

 

 

 

 

 

 

[kapil354 94]

...you have a perfect name ... @straightpoop 

[maryrrf 132]

About three years ago, when I married my husband who is a German citizen,  I had to get translations of marriage and divorce decree and apostilled originals, I had to sign a paper saying that I did not know how to contact my ex (otherwise they would have required an attestation from him that the divorce was final), I had to go to the United States Consulate and get an affadavit attesting to the fact that I swore the divorce was final and that I was free to remarry, and that had to be sent to Frankfurt (I was in Hessen) in order to get a certificate that the divorce decree was accepted. This was for a divorce that had taken place more than 20 years ago in the United States.

[kapil354 94]

...wow the Meldeamt also did not register you as a divorcee that is surprising..

[Metall 14,557]

1 hour ago, kapil354 said:

...wow the Meldeamt also did not register you as a divorcee that is surprising..

 

Not really, I'm afraid.

The Meldeamt won't do that if you don't provide them with an apostille AND a German translation of the divorce decree. They can't be bothered otherwise, have seen that happen to other people.

[kapil354 94]

Thanks yes I got it done in  Meldeamt 

 

Now, is the  Meldeamt document valid in German court?

[cacilia_1 80]

Just a silly question.  What happens if you got married without telling them you were married and divorced before in another country?  Do they really have the means and interest to follow up on every detail of someone's life?  I am just interested in knowing how much they can know about someone or if there is enough going on, that they just take your word for it if you said you had never been married. Thank you.

[lunaCH 972]

3 hours ago, cacilia_1 said:

What happens if you got married without telling them you were married and divorced before in another country?

Nothing.

3 hours ago, cacilia_1 said:

Do they really have the means and interest to follow up on every detail of someone's life?

No.

[engelchen 13,041]

3 hours ago, cacilia_1 said:

What happens if you got married without telling them you were married and divorced before in another country?

 

If you want to get married in Germany they want a document from your country of origin that you were never before married. If you are from a country that does not issue such certificates, you need to submit certain documents to the OLG to be given permission to marry without the document. There are penalties for filing false affidavits and if they find out you'll have a few problems. 

 

 

[lunaCH 972]

1 hour ago, engelchen said:

If you want to get married in Germany they want a document from your country of origin that you were never before married.

This though can be bypassed very easily by getting married in another country that doesn't require one and then you can just notify your marriage to the German authorities.

[Metall 14,557]

On 25.6.2020, 09:22:29, kapil354 said:

Thanks yes I got it done in  Meldeamt 

 

Now, is the  Meldeamt document valid in German court?

 

No.

[kapil354 94]

5 hours ago, lunaCH said:

This though can be bypassed very easily by getting married in another country that doesn't require one and then you can just notify your marriage to the German authorities.

Denmark is a marriage location loved by all and sundry.

[Metall 14,557]

Not anymore.

[kapil354 94]

2 minutes ago, Metall said:

Not anymore.

...aber warum

[Metall 14,557]

Because Denmark changed the rules.

[lunaCH 972]

6 hours ago, Metall said:

Because Denmark changed the rules.

Which ones exactly?

[kapil354 94]

On 6/24/2020, 5:58:30, Metall said:

 

Not really, I'm afraid.

The Meldeamt won't do that if you don't provide them with an apostille AND a German translation of the divorce decree. They can't be bothered otherwise, have seen that happen to other people.

I provided both of them on 23.06.

They gave a paper saying I am divorced in their system.

 

Couple days later they issued a letter saying that 23.06. paper they issued is invalid. 
Please go to the local court and get it from there.

 

And the naturalization folks say that I should get the status changed in the Meldeamt.

 

Seems like EinburgurungAmt is pointing at MeldeAmt.

Meldeamt is pointing at the German court.

 

Funny enough marriage, divorce and ex- all from non-EU country.

[kapil354 94]

On 6/27/2020, 5:09:20, cacilia_1 said:

Just a silly question.  What happens if you got married without telling them you were married and divorced before in another country?  Do they really have the means and interest to follow up on every detail of someone's life?  I am just interested in knowing how much they can know about someone or if there is enough going on, that they just take your word for it if you said you had never been married. Thank you.

my ex was here for couple of years.

so in their records they have my exs name

 

but you are right.

All three - marraige, divorce and the ex were all non-EU!