A divorce granted by a German Familiengericht after the separation year may not be recognised in India unless it satisfies section 13 of the Civil Procedure Code, including a ground available under the Indian law of the marriage. A mutual consent divorce in India, with the spouse in Germany signing through the legalisation route and appearing by video, is often the safer course. For use in Germany, an Indian decree generally needs recognition by the state justice administration unless both spouses were Indian nationals.
- Document route
- German notary, pre-certification, then Indian mission attestation
- Time difference
- India is 3.5 hours (summer) to 4.5 hours (winter) ahead
- Main laws
- Hindu Marriage Act 1955, Special Marriage Act 1954
- Mutual consent
- Section 13B, after 1 year of separation
Divorce for NRIs from Germany: how it works
Indian courts recognise foreign divorces where the decree was based on a ground available under the Indian law of the marriage and the other spouse submitted to the foreign court or consented, following Y Narasimha Rao (1991). A German divorce based on breakdown of the marriage after a separation year, granted without the other spouse's participation, carries a risk of non-recognition in India, which affects remarriage and property there.
For mutual consent divorce under section 13B of the Hindu Marriage Act or section 28 of the Special Marriage Act, the couple files a joint petition in the Indian family court. The spouse in Germany signs through the notary, pre-certification and mission route, or at the consulate, and courts often allow video appearance; the waiting period can be waived in suitable cases following Amardeep Singh (2017). Maintenance, custody and property in India are settled together.
What clients in Germany should know
- German law requires recognition of most foreign divorce decrees by the state justice administration before they take effect in Germany, unless both spouses held the nationality of the deciding state.
- German orders on pension rights and property do not automatically bind assets in India; include Indian assets in the Indian settlement.
- If you already have a German divorce, we can advise whether an Indian decree is still advisable.
Step by step from Germany
Video consultation
A call at a time that suits Germany, after we have read your documents.
Documents signed in Germany
German notary, pre-certification, then Indian mission attestation
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Germany where needed.
The full guide
This page covers what changes when you are in Germany. For the law, the documents and the step-by-step procedure, read our main page on Divorce for NRIs, or see all services for clients in Germany and the Cross-Border Family Law practice area.
Questions from clients in Germany
Is our German divorce valid in India?
It depends on the ground and whether both spouses took part. We review the decree and advise.
Will Germany recognise an Indian divorce?
If both spouses were Indian nationals, recognition is generally automatic; otherwise the state justice administration decides.
Can we divorce in India while living in Germany?
Yes, by mutual consent with documents legalised in Germany and appearance by video.