Funny ruling: Marriage through an embassy window is valid

A woman stands in front of an embassy in Berlin, refusing to enter the building for fear of repercussions regarding her residency status. Her fiancé is waiting inside. The solution they agree on with the consular official: an open window and a video call. What initially sounds like a curiosity has now been given considerable practical significance by the Higher Regional Court (OLG) of Bamberg . For couples who marry abroad and later have to have their marriage recognized in Germany, the ruling clarifies a legal question that has been disputed for years – and is more than just a footnote for international couples, expats, and their families.

What happened at the Somali embassy?

A Somali woman and man wished to marry according to the laws of their home country. Normally, the ceremony would have taken place at the Somali embassy. However, the woman feared that entering the embassy could jeopardize her residency status and therefore refused to go inside. The consular officer found a pragmatic solution: He first questioned both fiancés together in front of the embassy to confirm their intention to marry. He then went inside with the groom, while the bride remained outside. She maintained direct contact with the consular officer and her fiancé through an open window and a video call . The consulate subsequently issued a marriage certificate.

What legal question did the registry office face?

When the couple applied to the relevant registry office for the subsequent registration of their marriage, it was unclear whether this form of marriage was even valid in Germany. The decisive factor is Article 13, Paragraph 4, Sentence 2 of the Introductory Act to the German Civil Code (EGBGB) . According to this provision, two foreigners can also enter into a marriage before a person authorized to do so by a foreign government – for example, a consular official. The crucial point was the interpretation of the word "before": Does the provision require the simultaneous personal presence of both fiancés in the same room, or is a mere connection, as in this case, sufficient? Since the registry office was uncertain, it referred the question to the Coburg District Court pursuant to Section 49, Paragraph 2 of the German Civil Status Act (PStG). The court, in turn, referred to Article 13, Paragraph 4, Sentence 1 of the EGBGB and concluded that the wife had been "within Germany" during the ceremony – with the consequence that the German legal form should actually have been observed. This assessment did not fully convince the registry office, so the case was ultimately submitted to the Higher Regional Court of Bamberg for clarification.

What was the decision of the Higher Regional Court of Bamberg?

The Higher Regional Court of Bamberg did not have to definitively answer the long-debated question in legal literature of whether "before" necessarily requires simultaneous personal presence in the same room. The court found it sufficient that the consular official had spoken personally with both fiancés immediately beforehand and that the bride was not in a distant location, but directly in front of the open window of the embassy. Considering all of this, a state act "in the broadest sense" had taken place with the simultaneous presence of the fiancés. This precluded both a purely consensual marriage without state involvement and ensured compliance with the required foreign formalities – thus fulfilling the purpose of the German regulation. The court therefore ordered the marriage to be subsequently registered pursuant to Section 34 Paragraph 2 of the German Civil Status Act (OLG Bamberg, Decision of July 15, 2026, Case No. 12 Wx 2/25 e). A noteworthy side note from the court is also worth mentioning: Under international law, embassies remain part of the territory of the receiving state – in this case, Germany. The actual embassy grounds are therefore not extraterritorial territory, as is sometimes assumed.

Why does this ruling also affect skilled workers, expats, and companies?

What at first glance appears to be a curious, isolated case has very real practical relevance. Many of our clients – highly qualified professionals , students, or their family members – married in their home country according to its laws before coming to Germany or bringing their spouses over through family reunification . Whether such a marriage is recognized here regularly determines whether a spousal visa can be granted. If the subsequent registration is questioned by the responsible immigration authority or registry office, the entire residency process is often delayed – with noticeable consequences for employers who depend on the timely deployment of a skilled worker , or for families who remain separated for months. Especially in cases of marriages that deviate from the norm for organizational, cultural, or residency-related reasons, it is worthwhile to examine actual administrative practice: Registry offices handle such situations very differently; some hastily refer cases of doubt to the local court, while others decide more leniently. These differences in practice only become apparent when one – like us – is regularly involved with subsequent authentication procedures in different federal states.

What should those affected do now?

Anyone who married abroad and wishes to use the marriage for residency purposes in Germany—for example, for a spousal visa or the extension of a residence permit —should apply for subsequent registration of the marriage early and with complete documentation. Those who wait or submit the application independently without legal review risk inquiries, requests for clarification, and, in the worst case, a months-long delay in the entire process. This is particularly true for marriages abroad involving the USA , Great Britain , or other countries with their own formal requirements, as the review can be complex. Legal representation ensures that the registry office and immigration authorities are presented with solid evidence and the correct legal classification from the outset, instead of waiting months for a request for clarification from the local court or for court proceedings .

Conclusion

With its ruling of July 15, 2026, the Higher Regional Court of Bamberg has established legal certainty for a previously unresolved situation: A marriage ceremony "before" a foreign consular official can be valid even if it takes place via an open window and a video call – as long as a recognizable official act occurs with the actual simultaneous presence of the engaged couple. For international couples, this case demonstrates one thing above all: Formal issues surrounding marriages abroad are rarely trivial, but can be resolved with the right legal support. Anyone wishing to use a marriage contracted abroad for their stay in Germany should seek advice early on to avoid delays with visas and subsequent registration.