You got divorced in Ukraine or another country, moved to Germany - and then find out that under German law you’re still legally married. Not because your divorce was invalid, but simply because Germany doesn’t know about it. To fix this, you need to go through the §107 FamFG procedure - and you’ll need it before you can remarry, change your name on documents, or deal with inheritance questions.
What §107 FamFG Is and Why It Exists¶
§107 FamFG (Gesetz über das Verfahren in Familiensachen) is the rule that says: any foreign court decision dissolving a marriage only has legal effect in Germany after the Landesjustizverwaltung (the state justice administration, meaning the relevant OLG - Oberlandesgericht) officially confirms that the conditions for recognition are met.
Put simply: a Ukrainian or Polish divorce ruling is a legal fact in Ukraine or Poland. It becomes a legal fact in Germany only after formal recognition. Before that - it doesn’t exist here.
This isn’t pointless bureaucracy. Germany has no access to the court registries of every country in the world. It can’t verify that the court actually issued the decision, that the other spouse’s rights weren’t violated, or that the ruling doesn’t conflict with fundamental principles of German law (the so-called ordre public clause). That’s why the check exists.
As Germany’s Federal Foreign Office states:
Decisions by which a marriage was declared null, dissolved, or divorced abroad are only recognized if the state justice administration has determined that the requirements for recognition are met.
No way around this step.
When the Procedure Is Required - and When It Isn’t: The Same Citizenship Exception¶
Here’s the detail that will save some people significant time and money.
§107 FamFG contains an exception that lawyers call Heimatstaatentscheidung (home state decision). If two conditions are both met simultaneously, no formal recognition procedure is needed:
- At the time of divorce, both spouses held exclusively the same single nationality
- The divorce took place in that same country
When the exception APPLIES: Two Ukrainian citizens (Ukrainian citizenship only, no other passports) divorced in a Ukrainian court. After moving to Germany, they don’t need to go through §107 FamFG - the divorce is recognized automatically.
When the exception does NOT apply: - One spouse is Ukrainian, the other is German or any other nationality - Either spouse held dual citizenship at the time of the divorce (e.g., Ukraine + Israel) - even if the other had only Ukrainian citizenship - The divorce took place in a third country, not the country of their shared citizenship
This matters a lot. If there’s any doubt about whether one spouse held another nationality at the time of the divorce, courts apply this exception very cautiously. OLG Oldenburg explicitly warns:
The recognition procedure is mandatory if in a specific case it cannot be ruled out that one of the spouses at the time of the divorce held a different or additional nationality than that of the divorce state.
The takeaway: if there’s any uncertainty, just go through the procedure. The cost is modest, and you’ll have no legal ambiguity afterward.
Who Handles the Cases and Where to File¶
Landesjustizverwaltung isn’t a separate agency - it’s a function carried out by the presidents of the OLG courts (Oberlandesgerichte, the higher regional courts). Each German federal state has its own OLG, and they handle recognition of foreign divorces for residents of their state.
Which OLG handles your case:
The OLG in the state where one of the spouses has their habitual residence (gewöhnlicher Aufenthalt). If you live in Munich - that’s OLG München. Hamburg - Hanseatisches OLG Hamburg. Berlin - Kammergericht Berlin, and so on.
If neither spouse lives in Germany but one plans to marry in Germany, the competent OLG is wherever the new marriage registration is planned.
OLG contacts by state:
| Federal State | Relevant OLG |
|---|---|
| Bavaria | OLG München - justiz.bayern.de |
| North Rhine-Westphalia | OLG Düsseldorf / OLG Köln / OLG Hamm |
| Berlin | Kammergericht Berlin |
| Hamburg | Hanseatisches OLG Hamburg |
| Lower Saxony | OLG Braunschweig / OLG Celle / OLG Oldenburg |
| Baden-Württemberg | OLG Karlsruhe / OLG Stuttgart |
| Brandenburg | OLG Brandenburg |
| Bremen | Hanseatisches OLG in Bremen |
To find the exact OLG for your city, check the Justizministerium website for your state, or ask at your local Standesamt (civil registry office) - they’ll point you in the right direction.
Full Document Checklist¶
This is the standard package for recognizing a divorce from Ukraine or another non-EU country. Exact requirements vary slightly between OLGs, so check the current list on your OLG’s website before submitting.
Required documents:
- Application - written, in free form or using the OLG’s template (some OLGs provide one)
- Divorce decree - original or notarized copy, must include proof of finality (rechtskräftig - the German stamp showing the decision is final and binding)
- Marriage certificate - for the marriage that was dissolved
- Apostille - on the divorce decree and on the marriage certificate
- Certified German translation - of all documents, done by a vereidigter Übersetzer (sworn/certified translator) registered in Germany
- Passport copies - of both spouses
- Proof of income - to calculate the filing fee (pay stubs, benefit statements, etc.)
- Proof of German residence - registration certificate (Meldebescheinigung)
Additional documents that may be requested: - Proof of nationality (if not obvious from the passport) - Prior court decisions if the case went through multiple instances - Notarized power of attorney if a representative files on your behalf
Apostille for Ukrainian documents: issued by the Ukrainian Ministry of Justice. You can apply through the Ministry of Justice portal or in person. Cost in Ukraine: approximately 500-700 UAH per document (as of 2026 - verify current prices). Processing: usually up to 5 business days.
Translation: only by a sworn/certified translator (vereidigter Übersetzer or beeidigter Übersetzer) registered in Germany. Find one in the official registry at justiz-dolmetscher.de. Translating a divorce decree plus marriage certificate typically costs €80-150 depending on length and translator.
Step-by-Step Procedure¶
Here’s the full process from start to finish:
1. Gather your documents (1-3 weeks)
The longest part is getting the apostille in Ukraine if your documents don’t have one yet. If documents are already apostilled, you just need to arrange the translation.
2. File your application with the relevant OLG
Send by post or deliver in person. Personal appearance isn’t required and usually isn’t expected. Include the full document package with your application.
3. OLG notifies the other spouse
The court officially notifies the other spouse and gives them a chance to respond. If the other spouse lives abroad, this step can take longer due to international mail times.
4. Administrative review
The OLG checks whether the conditions for recognition are met: document validity, no violations of ordre public, whether the divorce procedure in the country of origin was lawful.
5. Receive the decision
The recognition decision (or denial with reasoning) arrives by mail. Once issued, it’s binding on all German courts and government authorities.
Das Anerkennungsverfahren dient ausschließlich der Prüfung, ob das ausländische Urteil formell und materiell den deutschen Anerkennungsvoraussetzungen entspricht.
Translation: the recognition procedure is only about checking whether the foreign judgment meets German recognition requirements - it’s not a retrial of the divorce itself.
Costs and Timeline¶
Filing fee: €15 to €305, calculated based on the applicant’s income and assets. The typical fee for average income is around €160. If you don’t provide income documentation, the maximum rate (€305) applies automatically.
Document translation: €80-150 for the divorce decree plus marriage certificate (varies by length and translator).
Apostille in Ukraine: ~500-700 UAH per document.
Processing timelines:
| OLG | Standard Timeline | Notes |
|---|---|---|
| OLG München (Bavaria) | 8-10 weeks | With complete documents |
| OLG Oldenburg (Lower Saxony) | Several weeks to several months | Depends on workload |
| OLG Braunschweig | 3-6 weeks | Standard timeline |
| Other OLGs | 3-12 weeks | Varies |
If documents are incomplete or the other spouse lives abroad and responds slowly, the process can stretch to 3-6 months. The most common cause of delay is an incorrectly certified translation or a missing apostille.
What Recognition Does NOT Cover¶
This is important and frequently misunderstood.
§107 FamFG recognizes only the dissolution of the marital bond itself (Auflösung des Ehebandes). Everything related to divorce consequences is a separate matter:
- Alimony (Unterhalt): a foreign court’s alimony order requires its own separate recognition and enforcement procedure
- Child custody (Sorgerecht): governed separately by Brussels Regulations or bilateral treaties
- Property division: if property is in Germany, this falls under private international law
- Pension rights equalization (Versorgungsausgleich): if one or both spouses worked in Germany, a separate procedure may be required
So if there’s a child or property in Germany, getting the divorce recognized is just the first step. You’ll need a family law attorney for the rest.
What Happens Without Recognition¶
Without completing the §107 FamFG procedure, Germany treats you as still married. The practical consequences:
- You can’t remarry - the Standesamt will refuse to register a new marriage because you show as married in the system
- Inheritance: without a will, your former spouse may still be treated as your heir
- Taxes: marital status affects your Steuerklasse in Germany
- Documents: at embassies and consulates, a “married” status can create complications
If you need to prove at the Standesamt or anywhere else that you’re divorced, you can’t do it without the OLG’s §107 FamFG decision. The original Ukrainian documents alone won’t help.
As the Federal Foreign Office states:
Foreign divorce decisions lack legal validity in Germany without official recognition through this administrative process.
EU vs. Non-EU: The Key Difference¶
If the divorce took place in an EU member state after a certain date, §107 FamFG doesn’t apply at all. EU divorces are governed by Brussels IIa Regulation (EC) No 2201/2003 and the newer Brussels IIb Regulation (EU) No 2019/1111 (which entered into force on August 1, 2022).
Under these regulations, EU court decisions in matrimonial matters are recognized automatically without any separate procedure.
Ukraine is not an EU member state. So Ukrainian divorce decisions fall under §107 FamFG and require formal recognition - unless the Heimatstaatentscheidung exception applies.
Who Can File the Application¶
The application for recognition doesn’t have to be filed by the divorced spouse themselves. The following people have the right to apply:
- Either spouse
- A fiancé(e), if a new marriage in Germany is planned
- A subsequent spouse (if the validity of a prior marriage is in question)
- Heirs (in inheritance disputes)
- Anyone who can demonstrate a legitimate legal interest
In practice, most applications are filed by the spouses themselves or by future partners before a new marriage.
FAQ¶
Do both Ukrainian citizens who divorced in Ukraine need to go through §107 FamFG?¶
If both had exclusively Ukrainian citizenship (no other passports) at the time of divorce - no, the §107 FamFG procedure isn’t needed. This is the Heimatstaatentscheidung exception. But if there’s any doubt (for example, if one spouse obtained another citizenship before the divorce) - better to go through the procedure.
How much does recognizing a foreign divorce in Germany cost?¶
The filing fee is €15-305 depending on your income, typically around €160. Add translation costs: €80-150. Plus the apostille in Ukraine: ~500-700 UAH per document.
How long does the §107 FamFG procedure take?¶
Standard timeline is 3-10 weeks with a complete document package. If anything is missing or the other spouse lives abroad, it can take up to 3-6 months.
Can I remarry in Germany without getting my previous divorce recognized?¶
No. The Standesamt checks your marital status and will refuse to register a new marriage if the previous divorce hasn’t been officially recognized under §107 FamFG.
Where do I find a certified translator for my divorce decree?¶
In the official registry at justiz-dolmetscher.de - Germany’s database of court-certified translators. Search by language (Ukrainisch, Russisch) and your region.
Which OLG handles my case?¶
The one in the state where you or your ex-spouse have registered residence. Examples: Berlin - Kammergericht Berlin; Munich, Nuremberg, Augsburg - OLG München; Düsseldorf, Cologne, Dortmund - the relevant OLG in North Rhine-Westphalia. Find the exact address on the Justizministerium website for your federal state.
Do I need a lawyer for the §107 FamFG procedure?¶
Not required. The procedure is administrative, not judicial, and you can file directly. But if the case is complex - disputed citizenship, incomplete documents, objections from the other spouse - a family law attorney will speed things up considerably.
Sources¶
- §107 FamFG - official legal text (gesetze-im-internet.de)
- OLG Oldenburg - guidance on §107 FamFG procedure
- OLG Braunschweig - general procedure notes
- OLG München (Bavaria) - recognition procedure
- Federal Foreign Office - international divorce law
- OLG Düsseldorf - recognition of foreign divorces
- Official registry of certified translators in Germany (justiz-dolmetscher.de)
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