German or Austrian divorce: getting it recognised in France

Published on October 10, 2026 · Julie Auger-Kantor, sworn translator

You were divorced in Hamburg, Munich or Vienna. As far as Germany or Austria is concerned, the matter is closed. In France, however, your marriage or birth certificate still shows you as married, which becomes a problem if you want to remarry in France, revert to your former name, settle an estate or obtain certain documents. For the divorce to take full effect on the French side, it has to be entered on the French civil status records. The good news is that within the European Union the process is straightforward, provided you have the right documents and their translation.

Automatic recognition within the EU

Regulation (EU) 2019/1111, known as "Brussels II ter", sets out the principle: a divorce granted in one Member State is recognised in the others without any special procedure (Article 30). Crucially, no special procedure is required to update the civil status records of another Member State once the decision can no longer be appealed under the law of the country where it was given. A few points to note:

• the Regulation applies to proceedings instituted on or after 1 August 2022; for older proceedings, its predecessor, Regulation (EC) No 2201/2003 ("Brussels II bis"), applies, with its own certificate;
• Denmark is not covered;
• no legalisation or similar formality is required (Article 90), so no apostille on a German or Austrian divorce decision;
• the Regulation deals with the divorce itself, not with the property consequences of the marriage.

The procedure in France

According to service-public.gouv.fr, for a divorce granted in the EU (other than Denmark), you send a request to the competent French civil registrar:

• marriage celebrated in France: the town hall (mairie) where the marriage took place;
• French nationals married abroad: the Central Civil Status Service (Service central d'état civil) in Nantes, by post only. If the marriage has not been transcribed into the French registers, that must be done first; for a marriage celebrated before 1 March 2007, the request may be sent to the registrar holding the birth record;
• two foreign spouses married abroad: the divorce cannot be recorded in France.

The file consists of a written, dated and signed request specifying which records to update; the divorce decision, original or certified copy, translated into French by an approved translator (traducteur agréé); the certificate issued by the court that granted the divorce, which contains an extract of the decision and confirms that it is enforceable; and a full copy or extract of the records concerned. According to justice.fr, you do not need a lawyer.

German and Austrian documents

• Germany: the family court (Familiengericht, part of the Amtsgericht) grants the divorce by an order called a Scheidungsbeschluss. The copy should bear the Rechtskraftvermerk, the endorsement stating the date on which the decision became final.
• Austria: a divorce by mutual consent ends with a Scheidungsbeschluss, a contested divorce with a Scheidungsurteil. The court adds the confirmation of finality (Rechtskraftbestätigung) only on request, as oesterreich.gv.at explains.
• The certificate under Article 36 of the Regulation (the Annex II form for decisions in matrimonial matters) is issued by the court of origin at the request of a party. The form exists in every EU language, so at most its free-text fields may need translating.

The decision is translated in full, including endorsements, stamps and the Rechtskraftvermerk. German decisions often also deal with pension rights adjustment (Versorgungsausgleich); those passages are part of the decision and are translated with it. See translation of legal and court documents.

What about a Swiss divorce?

Switzerland is not an EU Member State. A Swiss divorce must therefore be checked by the French public prosecutor (procureur de la République) to confirm it can be relied on in France; for a marriage celebrated abroad, this is the prosecutor in Nantes. The file is more substantial: the decision, proof that it is final, where relevant the document that initiated the proceedings, and a French translation of every document in a foreign language.

Frequently asked questions

Do I need a lawyer?
Not for a divorce granted in the EU: the request goes directly to the civil registrar. If the prosecutor refuses a non-EU divorce, a lawyer is mandatory for the subsequent court proceedings.

Does the decision need an apostille?
No: Regulation 2019/1111 rules out any legalisation or similar formality between Member States.

Is a translation made in Germany acceptable?
The Regulation provides for translation by a person qualified to translate in one of the Member States; service-public.gouv.fr refers to an approved translator (traducteur agréé). If in doubt, check with the civil registrar. For marriage and birth certificates themselves, see translation of civil status certificates.