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Old 24.03.2015, 18:27
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Divorce date and Rechtskraftbescheinigung

Grateful if anyone out there who has gone through divorce or has knowledge of the process and can help.

The divorce decree becomes legal (rechtskraeftig) on date x. The certificate of legal force (Rechtskraftbescheinigung) can be obtained from date y, about 10days later. Between x and y am I married, divorced or??? Also, on the Rechtskraftbescheinigung what date is stated for the divorce, the date y or x?

Needing this information to fill in visa forms for travel abroad. Many thanks for any help.
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Old 24.03.2015, 20:23
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Re: Divorce date and Rechtskraftbescheinigung

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Grateful if anyone out there who has gone through divorce or has knowledge of the process and can help.

The divorce decree becomes legal (rechtskraeftig) on date x. The certificate of legal force (Rechtskraftbescheinigung) can be obtained from date y, about 10days later. Between x and y am I married, divorced or??? Also, on the Rechtskraftbescheinigung what date is stated for the divorce, the date y or x?

Needing this information to fill in visa forms for travel abroad. Many thanks for any help.
Date x - e.g. Feb. 11th - divorce
Time between date x and date y - phase in which you can resort to legal remedies against the judge's decision
Date y - e.g. Feb. 21st - date of entry of final judgement = date on which your ability to resort to legal remedies against the decision has ended.

You will have been divorced on date y.
If you haven't resorted to legal remedies against the court's decision between date x and date y, you will still have been married between date x and date y.

"Ein Scheidungsurteil bzw. die darin genehmigten Klauseln einer Scheidungskonvention gelten erst nach Rechtskraft des Scheidungsurteils."
A divorce decree respectively the clauses in a divorce agreement take effect only after entry of final judgement.
source 1
source 2

Did you have legal representation during the divorce procedure? If so, you can also ask them about the date of effect of the divorce.

Last edited by glowjupiter; 24.03.2015 at 20:39.
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Old 24.03.2015, 21:09
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Re: Divorce date and Rechtskraftbescheinigung

If you're both agreed that you won't be contesting anything, then they'll print out the paperwork there and then, and you'll be divorced before you leave court.
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Old 24.03.2015, 21:39
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Thanks glowjupiter. No representation as it was a straightforward case, but now need to know status after date of entry of final judgement (recutskraeftig) is past prior to getting the the certificate of legal force (Rechtskraftbescheinigung)? Say for example I assume divorced and state that on my visa application, that is now due, but then the certificate gives the date the certificate can be issued. Using your dates this would be 11th February divorce, 21st of February date of entry of judgement, 2nd March possibility to pick up certificate of legal force (Rechtskraftbescheinigung) from court. What am I between 21st February and 2nd March? e.g. can I file official forms stating my status as divorced?

Thanks midfield. It was agreed, but they didn't offer that option. Would have been nice.

Last edited by 3Wishes; 24.03.2015 at 21:46. Reason: merging successive posts
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Old 24.03.2015, 21:52
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Re: Divorce date and Rechtskraftbescheinigung

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Thanks glowjupiter. No representation as it was a straightforward case, but now need to know status after date of entry of final judgement (recutskraeftig) is past prior to getting the the certificate of legal force (Rechtskraftbescheinigung)? Say for example I assume divorced and state that on my visa application, that is now due, but then the certificate gives the date the certificate can be issued. Using your dates this would be 11th February divorce, 21st of February date of entry of judgement, 2nd March possibility to pick up certificate of legal force (Rechtskraftbescheinigung) from court. What am I between 21st February and 2nd March? e.g. can I file official forms stating my status as divorced?

Thanks midfield. It was agreed, but they didn't offer that option. Would have been nice.
Divorced as of 21st february. The act of picking up the certificate doesn't change the date of entry of final judgement stated on the divorce decree. If your divorce decree says "rechtskräftig in 10 Tagen" (entry of final judgement in 10 days), date of entry of final judgement is 10 days after the divorce (10 days after Feb 11th) and not e.g. 15 days after Feb 11th because you are unable to pick the certificate immediately on the date of entry of final judgement (Feb 21st) but only 5 days later (15 days after divorce, Feb 26th).
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Old 24.03.2015, 22:30
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Re: Divorce date and Rechtskraftbescheinigung

Thanks. That seems to have mostly cleared it up. So the certificate will state Feb 21st in your example? Sorry for being persistent, just don't want to mess anything up.
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