No, not if you were in Germany during the ceremony. On 25 September 2024 the Federal Court of Justice (BGH) decided that a marriage concluded by video before an authority in Utah while the partners are in Germany is invalid here (XII ZB 244/22). The Düsseldorf administrative court followed in 2025, even for a Utah marriage registered in Bulgaria. Austria and Switzerland take the same view. In Denmark, by contrast, you both stand in person before the registrar, and that is exactly why this marriage is valid.
What is an online wedding in Utah?
In the US state of Utah, couples can apply for a marriage licence online and be married by video conference without travelling to Utah themselves. The best-known offer is the one from Utah County. Under Utah law, what counts is the location of the person performing the ceremony: they must be in Utah during it, and their location establishes jurisdiction. The couple can be anywhere.
Utah County names the catch itself: a marriage solemnised under Utah law through online remote appearance may be invalid in the country where the spouses live. That is what the page of the Utah County Clerk on officiants' responsibilities says. For couples in Germany, Austria and Switzerland, this is not a theoretical warning.
What did the Federal Court of Justice decide?
The case: two Nigerian nationals living in Germany married in May 2021 by video call before an authority in Utah. Both were in Germany and made their declarations live by video and audio; they received a US marriage certificate with an apostille. The registry office did not consider this marriage valid, the couple gave notice of a new marriage in Germany, and the courts had to decide whether the Utah marriage stood in the way.
By its decision of 25 September 2024, the Federal Court of Justice confirmed the lower courts (press release no. 226/2024):
- A marriage between a man and a woman can only be concluded in Germany in the German form (Art. 13(4) EGBGB): both declare in person and while present at the same time before the registrar that they want to marry (§§ 1310, 1311 BGB).
- Where the marriage is concluded depends on where the spouses make their declarations. It is enough for one of the declarations to be made in Germany.
- Where the declarations are received or where the foreign authority sits does not change this.
The consequence: the online marriage is invalid in Germany. It did not stand in the way of the new marriage in Germany; the couple could marry here again.
Düsseldorf 2025: recognition in Bulgaria does not help either
The Düsseldorf administrative court adopted this line in its judgment of 20 May 2025 (27 K 5400/23). A Turkish national and a Bulgarian woman had married under Utah law in April 2021, both in an office in Germany, connected by video to the authority in Utah. Bulgaria had registered the marriage, and the man therefore wanted to stay in Germany as the spouse of an EU citizen.
The court dismissed the claim (press release of 3 June 2025): the marriage is invalid in Germany, even if another EU country recognises it. It saw no duty to recognise it under EU law, because the couple could marry in Germany under German law at any time. The order to leave with the threat of deportation therefore stood. Leave to appeal could be sought from the Higher Administrative Court of North Rhine-Westphalia; the press release does not say whether that happened.
What if only one of you was in Germany?
According to the Federal Court of Justice, the German form applies then too, because it is enough for one of the two declarations to be made in Germany. If you were both outside Germany during the ceremony, the court did not have to decide that case; the Austrian Supreme Court also expressly left open the situation where the spouses are in different places. Whether such a marriage is valid here depends on the individual case. Ask your registry office or a family lawyer before relying on it.
Same-sex couples
The Federal Court of Justice expressly decided on a marriage between a man and a woman. For same-sex marriages, German private international law has its own rules (Art. 17b EGBGB). We found no supreme court decision on online marriages of same-sex couples; get advice first. In Denmark, same-sex couples have been able to marry since 2012; what applies is explained in our guide Same-sex marriage in Denmark.
How do Austria and Switzerland view a Utah marriage?
Austria: the Supreme Court dealt with such a case on 29 April 2026 (OGH 3 Ob 60/26h). An Algerian man and a Romanian woman had married by video conference under Utah law in July 2023; the couple, witnesses and interpreter were in one room in Austria, only the registrar was in Utah. The lower courts held the marriage not effective in Austria: the form of a marriage concluded in Austria follows Austrian law (§ 16 Private International Law Act), which requires both to declare in person and while present at the same time before the registrar that they want to marry (§ 17 Marriage Act). The Supreme Court rejected the appeal and saw no reason to correct this assessment.
Switzerland: the Federal Department of Foreign Affairs warns expressly on the page of its representation in the USA: marriages celebrated via video conferencing in Utah are not recognised by the Swiss civil status authorities. Swiss citizens and foreigners resident in Switzerland should therefore not use this option (FDFA, published 31 August 2026).
What an invalid marriage means in practice
A Utah marriage that is not valid in Germany is no marriage for German authorities. Legally you are not married here, even if you hold a US certificate with an apostille. That has consequences:
- Residence and family reunification: without a valid marriage there is no spouse reunification and no right of residence as a spouse. In the Düsseldorf case, the claimant therefore got no right of residence as the spouse of an EU citizen.
- Name: you can only choose a joint married name in a valid marriage; your German documents keep your previous names.
- Inheritance: the statutory inheritance right of a spouse (§ 1931 BGB) requires a valid marriage. If one of you dies without a will, the other does not inherit as a spouse.
- Tax and insurance: tax classes for spouses and free family cover in statutory health insurance are also only available to married couples.
On top of that, the situation across borders is unclear: under Utah law the marriage may exist, in Germany it does not. Anyone in that position should get advice before marrying again or making declarations to authorities.
Why a wedding in Denmark works
The difference from a Utah marriage is the place. In Denmark you make your declarations in Denmark, in person before a Danish registrar. Danish law requires this expressly: a marriage there is only valid if both partners are physically present at the same time (Marriage Act § 20(2) and § 21(1), according to the official Danish guidance). There is no wedding by video or by proxy in Denmark.
Because you are not in Germany during the ceremony, Art. 13(4) EGBGB does not apply. For the form, the law of the place is enough, that is Danish law (Art. 11 EGBGB), and according to the German Embassy in Copenhagen a marriage from Denmark is recognised in Germany as a rule. Whether each of you was allowed to marry still depends on your home law; more in our guide Recognition in Germany. Austria and Switzerland recognise the marriage too (Austria, Switzerland).
The price is the journey and a real check beforehand. Familieretshuset, the Danish Agency of Family Law, checks your documents and issues an approval, the prøvelsesattest. The fee is DKK 2,100 (about €281), and Familieretshuset usually decides complete applications within 5 working days. You must be staying lawfully in Denmark for the wedding; if your partner needs a visa, read our guide Marrying on a Schengen visa. Denmark does not ask for a certificate of no impediment (Marrying without a certificate of no impediment). The ceremony takes 15 to 20 minutes (How the ceremony works), and afterwards you receive two international marriage certificates in five languages, with no apostille needed for Germany and Austria.
Utah online and Denmark compared
| Online wedding in Utah | Wedding in Denmark | |
|---|---|---|
| Where are you during the ceremony? | at home, by video | in person in Denmark |
| Valid in Germany? | no, if you were in Germany (Federal Court of Justice 2024) | as a rule yes (German Embassy Copenhagen) |
| Austria | not effective if concluded from Austria (Supreme Court 2026) | valid, reported for the Central Civil Status Register |
| Switzerland | not recognised (FDFA) | recognised, registered after reporting |
| Check of the requirements to marry | county licence, no check by an authority of your country of residence | Familieretshuset checks before approval |
| Certificate | US certificate | international certificate in 5 languages, no apostille for DE and AT |
| Family reunification | not as a spouse if the marriage is not valid here | possible under the rules of your country |
How family reunification works after a Danish wedding is explained in our guide Family reunification after the wedding in Denmark.
Our assessment: an online wedding saves the journey, but for couples in Germany, Austria or Switzerland it does not produce a marriage the authorities there can rely on. If you want to marry validly, there is no way around saying yes in person, at home or in Denmark. Which of the two routes suits you is compared in our guide Registry office in Germany or Denmark, other destinations in Marrying abroad compared. Our free eligibility check shows whether Denmark works for you; packages and prices are on our prices page.
