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.
Who should I contact?
Responsible authorities
Bürgerservice
Contact
- Haren (Ems):
- Application for a certificate of no impediment to marriage for German nationals, stateless persons, homeless foreigners or foreign refugees within the meaning of the Convention relating to the Status of Refugees with habitual residence in Germany
- Apply for a change of address on the eID card
- Apply for a civil partnership certificate
- Apply for a new ID card when it expires
- Apply for a new identity card if lost
- Apply for an International Mortuary Passport
- Apply for an eID card as a European citizen
- Apply for an identity card for the first time
- Apply for identity card because of name change after divorce
- Applying for a civil partnership certificate for a civil partnership entered into abroad
- Birth certificate issuance
- Certificate of good conduct extended
- Children's passport change due to change of address
- Children's passport notification due to loss
- Children's passport notification due to relocation
- Children's passport report for theft
- Declaration of the right to a name
- Driving licence: Extension - driving licence of categories C and D
- Driving licence: issue
- Exchange old driver's license for a new one
- Identity card status query
- Information on the population register Provision to parties and voter groups
- Life certificate for submission to the pension insurance: Issue
- Lost property
- Marriage consummation with same-sex partner
- New passport issue due to change of name on divorce or dissolution of civil partnership
- Notification of a death
- Passport change due to change of place of residence
- Passport issuance
- Passport issuance
- Passport issuance for frequent travelers
- Passport issuance new due to change of other data
- Passport issuance new due to expiry of validity
- Passport issuance provisionally
- Passport issue for minors for the first time
- Passport message for retrieval
- Passport status query
- Place of residence Deregistration of main residence
- Provision of information from the population register for commercial purposes
- Recognition of paternity
- Registration certificate issued
- Reporting obligation
- Request simple information from the population register
- Residence Registration as secondary residence
- Transmission blocks in the registration register
- apply for identity card due to change of name on marriage
- Agriculture: damage caused by game
- Apply for a death certificate
- Apply for a marriage certificate
- Apply for a simple certificate of good conduct
- Apply for a temporary identity card
- Apply for an identity card
- Apply for an identity card as a person under 16
- Apply for an identity card for German citizens with permanent residence abroad
- Birth Indication
- Burial place: Permit - to create/expand
- Certificate of eligibility
- Certificate of voting rights
- Change of identity card due to change of address
- Change of residence
- Children's Passport Extension
- Children's Passport Status Query
- Confirmation of landlord
- Confirmation of registration issuance
- Declaration of resignation from the church
- Documents and copies: Certification
- Express passport issue
- Fishing License Exhibition
- Have address and personal data changed
- ID card issue
- Identity card notification due to retrieval
- Identity card notification due to theft
- Information blocking device
- Information from the Central Trade Register Application
- Information in the population register Granting to landlords
- Information in the population register Provision of group information
- Marriage consummation with foreign partner
- Passport Issuance of additional passports
- Passport issuance for adults for the first time
- Passport issuance new due to change of name upon marriage or establishment of a civil partnership
- Passport notification due to loss
- Passport report for theft
- Population register information Provision of self-disclosure
- Population register information issuance extended
- Residence Deregistration of secondary residence
- Register marriage
- Reporting the loss of your own ID card
- Requesting a vehicle to be taken out of service
- Residence Deregistration
- Residence Deregistration for boatmen and seafarers
- Residence Re-registration Change of status
- Residence Registration as main residence
- Residence Registration for boatmen and seafarers
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 and the marriage has not taken place, the marriage must be registered again.
Applications / forms
None
Which documents are required?
- Proof of identity (identity card, passport, or suitable identification document)
What are the fees?
- Dependent on the individual case, may vary
- The costs for the marriage ceremony depend on the administrative costs involved. Please contact the responsible office.
Fee: according to time spent, but not exceeding EUR 100
For the performance of the marriage outside the offices of the registry office in the case of administrative expenses exceeding the usual, with the exception of 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 the one where the spouses are domiciled.
Fee: 100,00 EURPayment in advance: noFor marriage ceremonies outside the normal opening hours of the competent office, with the exception of marriage ceremonies in the case of life-threatening illnesses.
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 their intention to marry in person and in the presence of the registrar.
During the marriage ceremony, you have the option of choosing the law that will govern your future name. Depending on the German or foreign law chosen, you have the option of choosing a married name and you can also choose a companion name for your married name.
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 concluded within this period of validity, the foreign spouses must provide a new certificate.
The exemption from providing a certificate of no impediment to marriage is also only valid 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
Appeal
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.