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Make a declaration on the use of names - Declaration on the use of names of spouses without a domestic marriage or marriage entry

Spouses can design their own name.

The following declarations of name are possible, provided that german personal status applies to the spouses:

  • Determination of the married name (also after the marriage)
  • Acceptance of an accompanying name (prefix or addition)
  • Re-acceptance of the birth name

The corresponding declaration must be made to the registry office The declaration is personal.

Furthermore, the declaring person must have legal capacity, the regulations according to § 106 BGB apply to limited legal capacity, for supervised persons §§ 119ff BGB.

Declarations made after the marriage always require public certification.

In Germany, the notaries and every registrar appointed in Germany are responsible for certification. In the case of declarations abroad, the certification and certification authority of the German consular officers must be observed.

Declarations of names are declarations of intent requiring receipt of office and are only effective after receipt by the responsible German registry office.

If there is no German marriage or marriage entry for the marriage, the registry office in whose jurisdiction one of the declarant has his domicile or last had his or her habitual residence is responsible for receiving a declaration of name in the marriage. If such a domestic reference exists, this jurisdiction comes into play if the marriage was concluded abroad and has not yet been subsequently certified in a German marriage register. If such a domestic reference does not exist, in the form of a domicile or habitual residence in Germany, the registry office I in Berlin is responsible.

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)

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