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.
Process flow
- The declaration on the use of the name in marriage is made personally by the married couple at the competent registry office.
Only after the registrar has examined the underlying facts and concluded that a name declaration is possible, can the spouses choose to use their names
- according to the law of a state to which one of the spouses belongs, or
- according to German law, if one of you has his or her habitual residence in Germany.
Who should I contact?
Responsible authorities
Gemeinde Rhede (Ems) - Standesamt
Timetable
Timetable
recipients: Gemeinde Rhede (Ems)
bank: Emsländische Volksbank
IBAN: DE08266614940000164300
recipients: Gemeinde Rhede (Ems)
bank: Sparkasse Emsland
IBAN: DE06266500010017000019
Paypal, Sepa Direct Debit, Bank Transfer, Cash Payment, Bill
Contact
- Rhede (Ems):
- Acknowledgement of paternity
- Application for exemption from presentation of the certificate of marriageability for foreign nationals.
- Application for issuance of a German death certificate in case of death abroad
- Application for the issuance of a certificate of no impediment to marriage for German nationals, stateless persons, homeless foreigners or foreign refugees within the meaning of the Convention on the Status of Refugees with Habitual Residence in Germany
- Apply for a certificate of notification of death
- Apply for a death certificate
- Applying for a civil partnership certificate
- Applying for a civil partnership certificate for a civil partnership entered into abroad
- Birth Indication
- Birth certificate issuance
- Birth certificate issuance at home birth
- Birth registers
- Conversion of an existing domestic civil partnership into a marriage Application
- Death abroad - application for certification
- Declaration of resignation from the church
- Declaration of the right to a name
- Declaration on the use of the name - Declaration on the use of the name of spouses without a domestic marriage or marriage entry
- Establishment of a civil partnership Notarisation
- Family book: Exhibition
- Family name change
- Home Birth Ad
- Intended for deletion - marriage consummation with custodial partner
- Intended for deletion - marriage consummation with divorced or widowed partner
- Issuance of a certificate of no impediment to marriage for stateless persons, persons entitled to asylum, recognised refugees and persons whose nationality cannot be ascertained, with habitual residence in Germany
- Marriage consummation only for German citizens
- Marriage consummation with foreign partner
- Multilingual form for issuing death certificates
- Marriage consummation with same-sex partner
- Maternity recognition
- Notification of a death
- Register marriage
- Rhede (Ems):
- Acknowledgement of paternity
- Application for exemption from presentation of the certificate of marriageability for foreign nationals.
- Application for issuance of a German death certificate in case of death abroad
- Application for the issuance of a certificate of no impediment to marriage for German nationals, stateless persons, homeless foreigners or foreign refugees within the meaning of the Convention on the Status of Refugees with Habitual Residence in Germany
- Apply for a certificate of notification of death
- Apply for a death certificate
- Applying for a civil partnership certificate
- Applying for a civil partnership certificate for a civil partnership entered into abroad
- Birth Indication
- Birth certificate issuance
- Birth certificate issuance at home birth
- Birth registers
- Conversion of an existing domestic civil partnership into a marriage Application
- Death abroad - application for certification
- Declaration of resignation from the church
- Declaration of the right to a name
- Declaration on the use of the name - Declaration on the use of the name of spouses without a domestic marriage or marriage entry
- Establishment of a civil partnership Notarisation
- Family book: Exhibition
- Family name change
- Home Birth Ad
- Intended for deletion - marriage consummation with custodial partner
- Intended for deletion - marriage consummation with divorced or widowed partner
- Issuance of a certificate of no impediment to marriage for stateless persons, persons entitled to asylum, recognised refugees and persons whose nationality cannot be ascertained, with habitual residence in Germany
- Marriage consummation only for German citizens
- Marriage consummation with foreign partner
- Multilingual form for issuing death certificates
- Marriage consummation with same-sex partner
- Maternity recognition
- Notification of a death
- Register marriage
- Rhede (Ems):
- Acknowledgement of paternity
- Application for exemption from presentation of the certificate of marriageability for foreign nationals.
- Application for issuance of a German death certificate in case of death abroad
- Application for the issuance of a certificate of no impediment to marriage for German nationals, stateless persons, homeless foreigners or foreign refugees within the meaning of the Convention on the Status of Refugees with Habitual Residence in Germany
- Apply for a certificate of notification of death
- Apply for a death certificate
- Applying for a civil partnership certificate
- Applying for a civil partnership certificate for a civil partnership entered into abroad
- Birth Indication
- Birth certificate issuance
- Birth certificate issuance at home birth
- Birth registers
- Conversion of an existing domestic civil partnership into a marriage Application
- Death abroad - application for certification
- Declaration of resignation from the church
- Declaration of the right to a name
- Declaration on the use of the name - Declaration on the use of the name of spouses without a domestic marriage or marriage entry
- Establishment of a civil partnership Notarisation
- Family book: Exhibition
- Family name change
- Home Birth Ad
- Intended for deletion - marriage consummation with custodial partner
- Intended for deletion - marriage consummation with divorced or widowed partner
- Issuance of a certificate of no impediment to marriage for stateless persons, persons entitled to asylum, recognised refugees and persons whose nationality cannot be ascertained, with habitual residence in Germany
- Marriage consummation only for German citizens
- Marriage consummation with foreign partner
- Multilingual form for issuing death certificates
- Marriage consummation with same-sex partner
- Maternity recognition
- Notification of a death
- Register marriage
Competent authority
The registry office in whose jurisdiction one of the declarants has or last had his domicile or habitual residence
Requirements
- The declarants must be married to each other.
- The corresponding declaration must be made to the registry office.
- Declarations on marriage names must be made in person.
- The declaration can only be made by persons with legal capacity.
- The declaration must be publicly notarised.
Which documents are required?
- Identity document (identity card or passport)
- Marriage certificate or certified extract from the marriage register
with translation, apostille and, if necessary, verification of content. (To be determined in detail by the competent registry office).
What are the fees?
The first copy of a certificate shall be free of charge if it is issued in connection with the receipt of a declaration relating to the right to a name.
Fee: 10,00 EURPayment in advance: noIssue of a certificate of name declarations
What deadlines do I have to pay attention to?
No deadlines
Processing duration
Case-by-case
Appeal
If the registrar's office refuses your request for a certificate, you can apply to the relevant court to order the registrar's office to issue the certificate to you.
Author
The text was automatically translated based on the German content.