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Hello dear Wefugee team ,

I am in a need of urgent advice, My case is still in process but I am seperated from my wife which she lives out of germany along my two underage children. Should I file for a official divorce in Germany during my asylum or after I get response from Bamf? or go to the country where she lives after getting response from bamf and divorce her there?

I have valid reasons for not continuing our marriage.

Can i bring my underage children to germany once i get a refugee status?
asked 4 days ago in Legal advice by Jeddy

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1 Answer

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Dear @Jeddy

Welcome back to the Wefugees Community and thank you for reaching out to us. 

Unfortunately, I can not answer your questions straightforwad. I think it will be quite complicated to divorce your marriage in a German court if one of the (non-German) parties is not even living in Germany. But I am not an expert on family law though. Whether you can get divorced in the country of your wife's residence, is simply depending on the laws in the respective country. However, as long as your asylum procedure is pending, you are not allowed to leave Germany or better to say: to return subsequently. 

As a recognised refugee, you are in general entitled to apply for family reunification with members of your core family (spouse and minor children). However, I can say that you will definitely need the consent of the children's mother in case the children are coming to Germany without her. 

I will link two of our experts here as well. 

Dear @mbeon-fardeen or @mbeon-Christine, can you give further information/advice? 

All the best, 

Meike

answered 3 days ago by Meike
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