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.
- § 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
- Proof of identity (identity card, passport, or suitable identification document)
- 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.
- 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.
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.
The duration may vary. Please contact the relevant registry office.
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.
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.
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The text was automatically translated based on the German content.
Lower Saxony Ministry of the Interior and Sport
Responsibility lies with the registry office where you choose to get married.
