Video Marriage Conducted from Austria Ruled Invalid by Supreme Court

A couple's attempt to marry via video call with an officiant in Utah, while they themselves were physically present in Austria, has been deemed invalid by Austria's Supreme Court (OGH). The ruling clarifies that while Austrian law recognizes foreign marriages if local formalities are met, the specific circumstances of this case did not fulfill the requirements for either a valid foreign marriage or a domestic one.

The couple, an Algerian man and a Romanian woman, along with witnesses and an interpreter, engaged a marriage officiant from Utah, where marriages can be legally conducted via video conference. However, their presence in Austria during the video ceremony led the lower courts to declare the marriage invalid. The man appealed to the OGH, arguing for the marriage's validity, particularly given the potential residency benefits of marrying an EU citizen.

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Why the place of residence of the registrar should be decisive (only) in this context is not clear from the appeal.

The OGH, however, focused on the procedural aspects rather than the suspicion of a sham marriage. The court stated that a marriage conducted abroad requires adherence to the foreign country's legal form. Since the couple and all participants, except the officiant, were in Austria, it did not constitute a valid foreign marriage. Furthermore, the court emphasized that for an in-country marriage under Austrian law, the couple must personally declare their intent to marry before an Austrian registrar while being simultaneously present.

This decision by the Austrian Supreme Court mirrors a similar judgment made by Germany's Federal Court of Justice. The German court also refused to recognize a marriage between a Nigerian couple where the bride and groom were in Germany, and the US officiant conducted the ceremony remotely from Utah. The OGH referenced this German ruling in its own decision, reinforcing the principle that physical presence within the jurisdiction of the officiating authority is crucial for marriage validity under these specific legal frameworks.

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The marriage is concluded by the betrothed personally declaring to the (Austrian) registrar, while being simultaneously present, that they wish to enter into marriage with each other.