German Divorce Procedure

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nero

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I have an interesting situation, and several questions, but the most important one is listed below after a brief explanation of the situation my wife and I are in. I would appreciate any info anyone could give me.

My wife was married in Germany to a German citizen about 8 years ago she Is an Indonesian citizen who lived in Germany for 20 years on 'permanent resident' status. She fled Germany about 6 years ago and has been living in Singapore ever since. She asked her German husband for a divorce many times, but he always refused until about 4 years after her departure from Germany, when he informed her that they were already divorced.

She and I (an American living in Singapore) subsequently married, but now we have found out that they are still married. He has met someone new (finally), and now wants a divorc. He has eapplied for a divorce in German family court, and has requested that my wife go to Germany to appear in court. My wife is willing to agree to his divorce terms, including no property settlement or maintenance payments - she just wants to sign the papers and get on with her life. However, we do not want her to have to go to Germany to do so.

My question is:

1) Does she have to appear in court in Germany, or can her (ex)husband, or some other delegate, send the paperwork here to Singapore for her signature and then file them with the German court on her behalf?

THX,
 
I doubt any attorneys from Germany follow this board. you really would have to consult German counsel. I have no idea what German divorce laws are.
 
There has been a decision by the Amtsgericht Konstanz (County Court) in 2000 that a divorce can be decreed even when one of the parties is not present, if she had been summoned repeatedly. The decision is AmtsG Konstanz, Urteil v. 29.9.2000 - 2 F 18/00, so far I have not seen any higher court overruling it,. But going this way may drag out the proceedings for a long time since the court must summon the party repeatedly and therefore that whole process could easily take a year or longer.

It surely would be best to retain a German attorney and get consultation. There are German attorneys in Singapore, for example the law office of Christophe Bridges Advocates & Solicitors, other names and addresses should be available from the German embassy http://www.sing.diplo.de/en/Startseite.html
 
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