Recognition of Foreign Divorce in Lithuania

Recognition of a foreign divorce in Lithuania is the step that makes a divorce granted abroad count in Lithuanian records. Some older lists and lawyer pages call this service “Register Foreign Divorce”. It is also searched as registering a foreign divorce or getting a foreign divorce decree recognised in Lithuania. In Lithuanian the court step is užsienio teismo sprendimo pripažinimas (recognition of a foreign court judgment), and the record itself is santuokos nutraukimo įtraukimas į apskaitą at a civil registry office (civilinės metrikacijos skyrius).

Who needs it

Lithuanian citizens divorced abroad whose Lithuanian records still show them as married, foreigners whose marriage was registered in Lithuania, and anyone planning to remarry, sell property or settle an inheritance in Lithuania with a foreign divorce behind them.

How it works in Lithuania

The route depends on where the divorce was granted. A court divorce from another EU member state is generally recognised without a separate court case: the civil registry records it on the basis of the decision and the certificate issued by the court of origin. A court judgment from outside the EU is usually brought first before the Court of Appeal of Lithuania (Lietuvos apeliacinis teismas), which has special jurisdiction over foreign judgments. That court does not re-hear the divorce; it checks the grounds for refusal, such as a conflict with Lithuanian public order or a spouse who was not properly informed of the case. A treaty between Lithuania and the other country can change the steps. After recognition the divorce is entered in the civil register.

What often causes delays

• The foreign decision lacks proof that it is final, or the apostille or legalisation is missing.
• The translation into Lithuanian is incomplete or does not match the original.
• The divorce was granted by a registry office, a notary or a religious body rather than a court; whether and how such a divorce is recognised needs a separate check.
• The marriage itself was never recorded in Lithuania, so that has to be dealt with first.

What a lawyer does

A lawyer identifies the right route, gathers and checks the foreign documents, files the application with the Court of Appeal when needed and then asks the civil registry to record the divorce. Property left over from the marriage is covered under division of marital assets; a divorce still to be obtained is covered under divorce in Lithuania.

Questions and answers

Does a divorce from Germany or Poland need a court case in Lithuania?

Usually not. Divorce decisions of courts in EU member states are recognised across the Union, and the civil registry records them on the strength of the decision and the court's certificate.

What about a divorce from the UK or the USA?

These are outside the EU, so a court judgment normally goes to the Court of Appeal of Lithuania for recognition first, unless a treaty provides otherwise.

Can I remarry in Lithuania before the divorce is recorded?

The civil registry checks marital status before a new marriage, so an unrecorded foreign divorce is likely to hold up marriage registration.

Do I have to travel to Lithuania?

Often not. The application and the documents can usually be handled by a lawyer under a power of attorney.