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German Law/Divorce at German Embassy?

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Question
A friend of mine is decided to have to divorce with his wife. They are both germans, and they married in Germany,too. But, they are both now living in Malaysia (they have no child). The question is, can they settle the divorce in german embassy in Malaysia? Will it be recognized by the german court?

What is your advices for this case?

Answer
Divorces cannot be performed by German embassies or consulates.

The couple have two options:
(1) File for divorce in Malaysia.
(2) Hire a lawyer in Germany and file for divorce there. Because both are German citizens, the German courts have jurisdiction ( 98 I no. 1 FamFG). If the divorce is amicable, they might not even have to appear before the court in person.

Generally, it's advisable to file for divorce in the country where you live, especially if you plan on continue living there. Because Malaysia might not recognize the German divorce and would still treat the couple as married.

For more on divorce proceedings in Germany see: http://andreasmoser.wordpress.com/2009/08/07/10-faq-on-divorce-in-germany/  

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Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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