Please advice

Question

I am a Danish citizen living and working in Germany. I got divorced in Denmark and married again in Denmark. My wife is coming from Sri Lanka.

I have tried to register my  Danish marriage certificate at Einwohnermelderamt,  but they rejected it.

The reason is:

wir haben ein Problem, nach unserer Recherche und Prüfung der Unterlagen erkennt das sri-lankische Recht diese Eheschließung nicht an. Somit müssen Sie uns eine Bescheinigung vorlegen, dass diese Eheschließung in Sir Lanka anerkannt ist. Erst dann kann eine Eintragung durch uns erfolgen.  

Mit freundlichen Grüßen
R.

My wife checked with several authorities in Sri Lanka, all of them saying is not possible to register the Danish marriage certificate. The reason is foreign Affairs already legalized the document (Apostille) and the document is worldwide accepted.

162 Views. Still waiting for an answer!!!!

Answer 1

Hi @siv

This isn’t really my area of expertise but I will try to answer your question.

The issue is not whether the Danish marriage certificate has an apostille or is recognised worldwide.

The issue is that for the marriage to be recognised as legally valid in Germany, it must fulfil two conditions:

1. It took place according to the laws of the country where it happened (i.e. Denmark). This is clear through the marriage certificate.
2. The marriage took place in accordance with the requirements of Danish law (for you) and Sri Lankan law (for your wife).

Here you can read more about this

https://***-auswaertiges--amt-de.translate.goog/de/service/fragenkatalog-node/04-heirat-ausl---gueltigkeit-in-d/606266?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

The German authorities have reason to believe that your wife was not married in accordance with Sri Lankan law. Based on the information the authorities have provided, I cannot say what exactly is the issue.

I have looked at the website of the Sri Lankan embassy in Berlin but could only find information about what they call marriage registration, which I understand to be getting married at the embassy.

I can only suggest that your wife contact the Sri Lankan authorities and make clear that the issue is not whether the document is legalised or valid worldwide (which is already clear), but whether the Sri Lankan authorities can confirm that she was married in accordance with Sri Lankan law.

Please note that if this is creating an issue around visas and residency, it is not a requirement to be married to have your partner live with you in Germany. As an EU citizen, it is sufficient to show you are in a long-term relationship.

Best,

Éanna