Marriage with a foreign partner
For the establishment of a marriage, the civil marriage is fundamentally necessary in the German legal field.
When examining the so-called marital capacity of foreign spouses (certificate of marital capacity of the home state), it depends on whether legal obstacles to marriage arise from the respective home law of the foreign partner. This examination is intended to prevent a marriage being concluded in Germany that is ineffective, voidable or invalid in the spouse's home country.
The marriage is performed by a civil registrar within the framework of the civil marriage of two persons.
The only exception is the marriage of two foreign nationals, before a married person duly authorised by the government of the home State, in the form prescribed by the law of that State, in so far as one of the fiancées is a national of that State.
Process flow
Before the marriage, the spouses must be asked whether there have been any changes in their factual circumstances concerning the conditions for marriage since the registration of the marriage and whether they wish to determine a married name.
The marriage should be carried out in a dignified form appropriate to the importance of the marriage. Witnesses are no longer mandatory under German law, but can still be involved.
The wedding ceremony takes place at a (prescribed) place dedicated to it by the competent authority (registry office).
The lawful marriage presupposes h the legal capacity (especially the natural legal capacity and the marital capacity) of the spouse, which is checked by the registrar/registry office. The declarations of the spouse that they wish to enter into the marriage with each other must be recorded in a record by the registrar after the marriage. The record must contain all the information to be recorded in the marriage register. It must be signed by the spouses, the witnesses and the registrar.
A marriage is also considered to be concluded if the spouses have declared that they want to enter into the marriage with each other.
Competent authority
The responsibility lies with the registry office where, at your discretion, your marriage is to be concluded.
Requirements
- Registration of the intended marriage
- If language skills are missing, an interpreter must be brought along at the instigation of the spouse.
- The spouses must be of legal age.
- The spouses must have legal capacity (especially, of course, legal capacity.
- Spouses must be present in person
- According to German law, marriage may not be precluded by an obstacle to marriage.
Which documents are required?
- Proof of identity (identity card, passport, or suitable identity document)
What are the fees?
- Depending on individual cases, may vary
- The costs for the marriage depend on the respective administrative burden. Please contact the responsible office.
Fee: 25,00 EURPayment in advance: NoIf the marriage is performed in a different registry office than where the spouses are domiciled.
Fee: 80,00 EURPayment in advance: NoFor the marriage outside the usual opening hours of the competent authority, except for marriages in the case of life-threatening illnesses.
Processing duration
The duration may vary. Please contact the responsible registry office.
Legal basis
- §104 BGB (German Civil Code)
- § 1310 BGB (German Civil Code)
- § 1312 BGB (German Civil Code)
- § 1896 ff. BGB
- § 1903 BGB (German Civil Code)
- Art. 13 sec. 4 sentence 1 EGBGB
- § 6 PStG
- § 11 PStG
- § 13 PStG
- § 29 PStV
- Art. 14.1 et seq. PStGVwV
Applications / forms
none
Appeal
If the registry office refuses to perform your marriage, you can apply to the competent court to instruct the registry office to perform your marriage.
Author
The text was automatically translated based on the German content.
Technically approved by
Lower Saxony Ministry of the Interior and Sport
