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Online Marriage: German Federal Court Declares Online Marriage Conducted from Germany via Videoconference Invalid
In its decision dated 25 September 2024 (Case No. XII ZB 244/22), the German Federal Court of Justice (BGH) ruled that a marriage conducted via videoconference from Germany before a registrar in Utah, USA, is invalid under German law.
The case involved two Nigerian nationals residing in Germany who, in May 2021, declared their intent to marry via a video call to a Utah authority while physically present in Germany. They received a U.S. marriage certificate with an apostille. However, German authorities did not recognize the marriage’s validity.
The BGH emphasized that, according to Article 13(4) of the Introductory Act to the German Civil Code (EGBGB), a marriage is considered to have taken place in Germany if the declarations of intent are made within the country.Therefore, the marriage must comply with German formal requirements, which necessitate personal and simultaneous presence before a registrar. Since these conditions were not met, the marriage was deemed invalid in Germany.
This decision underscores the importance of adhering to domestic legal formalities, even when utilizing international or digital means for marriage ceremonies.
BGH, Beschl. v. 25.09.2024 – XII ZB 244/22