An online marriage invalid

The Federal Court of Justice (BGH) has ruled that a marriage entered into by video in front of a foreign authority from Germany is invalid under German law. In this case, the spouses, who were living in Germany, entered into their marriage by video in front of an authority in Utah (USA) and later wanted to have it recognised in Germany.

### Why is the marriage void?
According to German law (Art. 13 para. 4 EGBGB), a marriage in Germany must be entered into in person and in the presence of a registrar. Since the spouses entered into the marriage from Germany, German law is applicable. Video conferencing does not replace personal attendance, so the formal requirement was not met.

### What does this mean for couples who want to get married?
– An online marriage in front of a foreign authority is invalid in Germany if one or both spouses make their declaration in Germany.
– The invalidity of such a marriage does not prevent a new marriage in Germany.

If you are planning to get married abroad, you should make sure that the marriage also complies with German formal requirements if these apply to you. It is also advisable to consider a prenuptial agreement before the marriage.