Marriage Consummation with foreign partner
For the establishment of a marriage, the civil wedding is fundamentally necessary in the German legal area.
When examining the so-called capacity of foreign spouses to marry (certificate of no impediment to marriage of the home country), it depends on whether there are legal obstacles to marriage arising from the respective national law of the foreign partner. This examination is intended to prevent a marriage from being concluded in Germany that is invalid, annulable or invalid in the home country of the spouse.
The marriage takes place, within the framework of the civil marriage of two persons, by a registrar.
The only exception is the marriage of two foreigners, before a married person duly authorized by the government of the home State in the form prescribed by the law of that State, insofar as one of the fiancées is a national of that State.
Before the marriage is concluded, the parties must be asked whether there have been any changes in their factual circumstances concerning the conditions of marriage since the marriage was registered and whether they wish to determine a married name.
The marriage should take place in a dignified form commensurate with 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 place dedicated (prescribed) by the competent authority (registry office).
The lawful marriage presupposes 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 spouses that they wish to marry each other must be recorded by the registrar in minutes after the marriage has been concluded. The minutes must contain all the information to be recorded in the marriage register. It must be signed by the spouses, witnesses and registrar.
A marriage is also deemed to have been concluded if the parties to the marriage have declared their intention to marry each other.
The marriage is concluded when the spouses declare in person and with simultaneous presence before the registrar that they wish to enter into the marriage with each other.
As part of the marriage, you have the opportunity to choose the right according to which your future name will be based. Depending on the selected German or foreign law, you have the possibility to determine a married name and you can determine an accompanying name to the married name.
The jurisdiction lies with the registry office where your marriage is to be concluded at your discretion.
- Registration of the intended marriage
- In the event of a lack of language skills, an interpreter must be brought along at the request of the spouse.
- The spouses must be of legal age.
- The spouses must have legal capacity (especially, of course, legal capacity.
- The spouses must be present in person
- According to German law, marriage may not be precluded by any impediment to marriage.
- If more than six months have passed since the marriage was registered without the marriage having been contracted, the marriage must be registered again.
Which documents are required?
- Proof of identity (identity card, passport, or suitable identity document)
What are the fees?
- Case-by-case, may vary
- The costs for the marriage depend on the respective administrative expenses. Please contact the competent authority.
Fee: according to time spent, but not more than EUR 100
For the performance of the marriage outside the offices of the registry office with an administrative effort beyond the usual, except marriages in the case of life-threatening illnesses.
Fee: 40,00 EURPayment in advance: NoIf the marriage is performed in a registry office other than where the parties are domiciled.
Fee: 100,00 EURPayment in advance: NoFor the performance of the marriage outside the usual opening hours of the competent authority, except marriages in the case of life-threatening illnesses.
What deadlines do I have to pay attention to?
The certificate of no impediment to marriage is valid for six months. If the marriage is not contracted within this period, the foreign spouses must provide a new certificate.
The exemption from the production of a certificate of no impediment to marriage also applies only for a period of six months.
The duration may vary. Please contact the responsible registry office.
- §104 BGB
- § 1310 BGB
- § 1312 BGB
- § 1896 ff. BGB
- § 1903 BGB
- Art. 13 sec. 4 sentence 1 EGBGB
- § 6 PStG
- § 11 PStG
- § 13 PStG
- § 29 PStV
- Art. 14.1 et seq. PStGVwV
Applications / forms
If the registry office refuses to perform your marriage, you can apply to the competent court to order the registry office to perform your marriage.
Technically approved by
Lower Saxony Ministry of the Interior and Sport
The text was automatically translated based on the German content.