For many women living with their (German) husband in a non-EU country, obtaining a fair divorce may seem impossible—especially in countries where women still do not have equal access to divorce. But this is exactly where the protection of Article 10 of the Rome III Regulation comes into play.
Your Way Out of the Divorce Dilemma: German Law Applies Even Abroad
If you live in a country that does not grant women equal access to divorce, you may still file for divorce in a German family court—under German law, provided certain conditions are met.
What does Article 10 Rome III mean for you?
The Rome III Regulation determines which divorce law applies in international marriages. Normally, it’s the law of the couple’s last habitual residence. But:
👉 Article 10 Rome III makes an exception:
If the law that would otherwise apply does not grant one spouse equal access to divorce because of their gender, then the law of the court being seized applies—German law, in your case.
This means: Even if you live in Saudi Arabia, Iran, or Afghanistan, German law may still apply, as long as you bring your case before a German court.
Which countries deny women equal access to divorce?
Article 10 of the Rome III Regulation becomes especially important if you live in a country where:
- Men can divorce unilaterally, and
- Women need the husband’s consent or must meet strict conditions (e.g. proving abuse or infertility)
Such discriminatory systems are found in:
- Saudi Arabia
- Iran
- Afghanistan
- Pakistan
- Yemen
- Kuwait
- Qatar
- United Arab Emirates
- Sudan
- Libya
- Syria
- Indonesia (partially)
- Malaysia (partially)
In these countries, the man can often divorce instantly without justification (so-called “talaq”), while a woman must either go to court, return the dowry, or meet special requirements.
This inequality triggers the application of German law under Article 10 Rome III.
German Courts Have Jurisdiction – Even if You Live Abroad
Even if neither spouse lives in Germany, German courts still have jurisdiction under § 98 FamFG if no foreign state is clearly competent—e.g., because you have no nationality there or your husband moved away.
Example:
You are a Lebanese citizen, married to a German citizen. You both live in Saudi Arabia. You can file for divorce in Germany, e.g., at the Berlin-Schöneberg Family Court, even if you never lived in Germany.
Advantages of a German Divorce
✅ Equal access to divorce for both spouses
✅ Property division (Zugewinnausgleich)
✅ Pension rights (Versorgungsausgleich)
✅ Spousal maintenance under fair rules
✅ Court-led, rule-based divorce
✅ No husband’s consent required
What Should You Do Now?
- Seek legal advice as early as possible
- Gather evidence on nationality and place of residence
- Document the legal barriers you face abroad
Conclusion: Women’s Rights Can Be Protected — Even from Abroad
If you do not have equal divorce rights abroad, EU law—specifically Article 10 of the Rome III Regulation—protects you.
You can get a fair divorce under German law—even outside the EU.
I represent women like you before family courts all over Germany.
📍 Kanzlei Twitting – www.scheidung-beratung-online.de
📞 Phone: +49 (0)2331-409319
✉️ Email: info@twitting.eu
Book your first consultation now.
Let’s take the legal path that truly protects your rights.