A divorce mandate has an international dimension as soon as a spouse in a binational marriage or in a marriage which was entered into outside of Germany files for divorce, or when spouses who married in Germany live abroad but wish to petition for divorce in their home country. In some cases, the preliminary issue is whether a divorce conducted abroad has effect (for example, in terms of post-divorce spousal support) in Germany. Other questions that often arise in divorce mandates involving foreign countries are as follows:
- Are the courts in Germany or the courts in the foreign state responsible for the decision regarding a petition for divorce?
- Can there be several jurisdictions involved in one divorce case?
- Does the choice of jurisdiction determine which divorce laws will be applied?
- Which country’s family laws are applied to a divorce case involving foreign countries and what are the consequences thereof on the law applicable to ancillary divorce-related matters? Can the divorce laws to be applied be chosen (choice of law options)?
- To what extent is the legal effectiveness of a divorce finalized abroad relevant to further legal actions in Germany? Are there any recognition problems?