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Marriage consummation with foreign partner


In order to establish a marriage, a civil marriage ceremony is essential in German law.

When examining the so-called capacity to marry of foreign spouses (certificate of capacity to marry from the home country), it is important to determine whether there are any legal obstacles to marriage under the respective home country law of the foreign partner. This examination is intended to prevent a marriage being entered into in Germany that is invalid, annullable or void in the home country of the spouses.

The marriage is performed by a registrar as part of the civil marriage of two persons.

The only exception is the marriage of two foreigners before a wedding officiant duly authorized by the government of the home country in the form prescribed by the law of that country, provided that one of the fiancées is a national of that country.

Process flow

Before the marriage, the spouses must be asked whether there have been any changes in their actual circumstances concerning the marriage requirements since the registration of the marriage and whether they wish to choose a married name.

The marriage ceremony should be conducted in a dignified manner appropriate to the significance of the marriage. Witnesses are no longer mandatory under German law, but may still be involved.

The marriage ceremony takes place in a place designated (prescribed) for this purpose by the competent authority (registry office).

The legal marriage presupposes the legal capacity (especially natural capacity and capacity to contract marriage) of the parties to the marriage, which is checked by the registrar/registrar's office. The declarations of the spouses that they wish to enter into marriage with each other must be recorded by the registrar in a transcript following the marriage. The minutes 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 deemed to have been concluded if the spouses 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.

Competent authority

The responsibility lies with the registry office where you choose to marry your marriage.

Requirements

  • 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 spouses.
  • The spouses must be of legal age to marry.
  • The spouses must have legal capacity (especially legal capacity to enter into marriage).
  • The spouses must be present in person
  • There must be no impediment to the marriage under German law.
  • 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 individual cases, may vary
  • The cost of marriage depends on the administrative burden. 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 in the case of an administrative effort that goes beyond the usual, with the exception of marriages in the case of life-threatening illnesses.

Fee: 40,00 EUR
Payment in advance: No
If the marriage is performed in a registry office other than the place where the parties are domiciled.

Fee: 100,00 EUR
Payment in advance: No
For the performance of the marriage outside the usual opening hours of the competent authority, except for 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.

Processing duration

The duration may vary. Please contact the relevant registry office.

Legal basis

  • § 104 BGB
  • § 1310 BGB
  • § 1312 BGB
  • § 1896 ff. BGB
  • § SECTION 1903 BGB
  • Art. 13 para. 4 sentence 1 EGBGB
  • § Section 6 PStG
  • § Section 11 PStG
  • § Section 13 PStG
  • § Section 29 PStV
  • Art. 14.1 ff. PStGVwV

Applications / forms

None

Appeal

If the registry office refuses to allow you to marry, you can file an application with the competent court to instruct the registry office to perform your marriage.

Technically approved by

Lower Saxony Ministry of the Interior and Sports

Author

The text was automatically translated based on the German content.

Data protection information


Landkreis Emsland
Address: Ordeniederung 1 , 49716 Meppen
Timetable
Postal address: Post Office Box 15 62 , 49705 Meppen
Timetable
Telephone: 05931 44-0
Fax: 05931 44-3621
Transport Connection:
Station Haltestelle Kreishaus
Bus: 993

Building Access
elevator available, wheelchair-accessible
bank account:
recipients: Landkreis Emsland
bank: Emsländische Volksbank
BIC: GENODEF1LIG
IBAN: DE26266600600120050000
recipients: Landkreis Emsland
bank: Sparkasse Emsland
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recipients: Landkreis Emsland
bank: Postbank Hannover
BIC: PBNKDEFF250
IBAN: DE36250100300012132306

Ansprechpartner

Marc-André Burgdorf
responsible for:
Bernd Otten (Datenschutzbeauftragter)
Telephone: 05931 44-1605
Fax: 05931 44-391605
Room:
605
responsible for:

Landesbeauftragte für den Datenschutz Niedersachsen
Address: Prinzenstraße 5, 30159 Hannover
Timetable
Telephone: +49 511 12045-00
Fax: +49 511 12045-99

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