Declaration on the use of the name - Declaration on the use of the name of spouses without a domestic marriage or marriage entry

Spouses can choose their own names.

The following name declarations can be considered, provided that German personal statute applies to the spouses:

• Marriage name determination (also after the marriage)
• Adoption of a companion name (prefixing or adding)
• re-acceptance of the maiden name

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

Furthermore, the person making the declaration must have legal capacity; for persons with limited legal capacity, the provisions of § 106 BGB apply, and for persons under guardianship, §§ 119ff BGB apply.

Declarations made after marriage always require public certification.

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

Declarations of name are declarations of intent which require official receipt and only become effective after receipt by the competent German registry office.

If there is no German marriage or marriage registration for the marriage, the registry office in whose jurisdiction one of the declarants has or last had his or her residence or habitual abode is responsible for receiving a declaration on the use of the name in the marriage. If there is such a domestic connection, this competence comes into effect if the marriage was concluded abroad and has not yet been subsequently recorded in a German marriage register. If there is no such domestic connection in the form of a domicile or habitual residence in Germany, Standesamt I in Berlin is responsible.