The Federal Court of Justice is of the opinion that the statutory order of ineffectiveness of the marriage effectively concluded by a child under 16 years of age under foreign law in Art. 13 para. 3 no. 1 EGBGB - subject to the exceptions in the transitional provision of Art. 229 § 44 Par. 4 EGBGB - insofar as it is incompatible with Art. 1, Art. 2 para. 1, Art. 3 para. 1 and Art. 6 para. 1 GG, as the effectiveness of the marriage under German law in general and without consideration of the law concrete case is denied, and - in contrast to the transitional arrangements for child marriages concluded in Germany under Article 229 § 44 para. 1 EGBGB - also such before July 22, 2017, according to foreign law effectively closed marriages become ineffective,which, like the marriage to be assessed in the present case, were effective and could only be annulled under German law until the law on combating child marriages entered into force. http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=en&Datum=Aktuell&Sort=12288&anz=537&pos=25&nr=90437&linked=pm&Blank=1
Here we have:
The new law, set to receive parliamentary approval by July, is seen as a protective move especially for girls by annulling foreign marriages involving minors.
It will allow youth welfare workers to take into care underaged girls even if they were legally married abroad and, if deemed necessary, separate them from their husbands.
“Children do not belong in the marriage registry office or the wedding hall,” said Justice Minister Heiko Maas in a statement sent to AFP.
“We must not tolerate any marriages that harm minors in their development.”
“The underaged must be protected as much as possible,” he said, adding that as a result of the change no minor must suffer restrictions on their asylum or residential status.
The age of consent for all marriages in Germany will be raised from 16 to 18 years. Currently in some cases an 18-year-old is allowed to marry a 16-year-old.
Foreign marriages involving spouses under 16 are considered invalid, and those involving 16 or 17-year-olds can be annulled by family courts. https://www.thelocal.de/20170405/germany-cracks-down-on-foreign-child-marriages