Federal Court of Justice: video conference marriage invalid in Germany

The partners may form a team, but getting married via teams is not an option: a marriage concluded via video conference in the USA is not recognized in Germany. This has now been decided by the Federal Court of Justice, clearing the way for a couple from Nigeria to be able to properly tie the knot once again before a German registry office (case no. XII ZB 244/22).

The outcome of the proceedings is presumably very much to their liking. The Nigerian nationals residing in Germany wanted to make up for their marriage under German law after the registration office had not recognized their US marriage certificate. In May 2021, they had tied the knot by video call in front of an authority in the US state of Utah. However, the registry office had doubts as to whether the US marriage with certificate and apostille would not stand in the way of a remarriage under German law. As a result, the couple went neither forwards nor backwards.

"Zoom" marriage made headlines in many places

The Cologne Higher Regional Court provided clarity after the case was initially heard by the local court. It ruled that a marriage in Germany can only be concluded in person and in the presence of the couple. This is different for marriages abroad, but since at least one spouse was in Germany when the video appointment took place, a marriage in Germany could be assumed. This means that nothing stands in the way of a "real" marriage. The Federal Court of Justice has now confirmed this ruling.

Marriage by Zoom video call already made headlines a few years ago. It was introduced in Utah during the coronavirus pandemic to enable marriages to continue during lockdowns. It was signed with an electronic signature and only the registrar had to be present. The nationality of those wishing to marry was also irrelevant. According to media reports, a number of same-sex couples from China used this method to get married, which they were unable to do in China. However, marriage is recognized in some countries around the world. For example in Israel, where several couples fought for recognition of their marriage status before the administrative court.

Another case also rejected

This is not the first case of this kind to be heard in Germany. In 2022, a Turkish man and a Bulgarian woman also wanted to have their video conference marriage recognized by German authorities. The Turkish husband wanted to obtain a residence permit in the EU. This was rejected by the courts, as in the current case (VG Düsseldorf, 7 L 122/22).

(mki)