Marriage Execution with partner with custody
The marriage of persons who have joint children or are otherwise entitled to custody of a child must be registered with the competent authority.
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 determine a married name. It is also possible to determine an accompanying name to the married name.
The jurisdiction lies with the registry office where the 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 identification document)
What are the fees?
- Depending on the individual case, may vary.
- The costs for the marriage depend on the respective administrative expenses. Please contact the competent authority.
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?
Six months after the registration of the marriage; otherwise it may be necessary to re-register the marriage.
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.