Married name; declaration
The spouses may designate their maiden name or the name of one of the spouses at the time of the declaration of the designation of the married name as their joint surname.
Stand: 16.08.2024. Link zum BayernPortal
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The spouses can decide whether and which joint surname they wish to use as their married name. This declaration can be made at the time of the marriage or at any later time at the registry office of the place of residence. The married name can be the maiden name of one spouse or the name of one spouse at the time of the declaration. The maiden name is the current surname that results from the respective birth entry at the time of the marriage. If a previous married name, which was not the birth name of one of the spouses, was taken again beforehand, this name would also be available as the married name.
For example, if ''Lisa Wagner, née Huber'' marries Mr. ''Peter Meyer'', both spouses can choose either ''Meyer'' or ''Huber'' or "Wagner" as their married name.
The spouse whose name has not become the married name may prefix or append his or her maiden name or the name currently used (as a so-called companion name) to the married name. This requires a corresponding declaration at the registry office in the place of residence. The spouse whose name has become the married name cannot have a companion name.
Here is an example: If Peter Meyer and Lisa Wagner, née Huber, were to choose the joint married name ''Huber'', the man would also use this surname in the marriage. If Peter Meyer also wants to use his previous name, he could call himself ''Meyer-Huber'' or ''Huber-Meyer'' in future. The wife would be called ''Huber''.
If "Wagner" were chosen as their joint married name, Peter Meyer could call himself "Meyer-Wagner" or "Wagner-Meyer". The wife would be called "Wagner".
If the man's birth name ''Meyer'' is chosen as the married name, the woman could have a companion name and either prefix or append her birth name ''Huber'' or the former surname ''Wagner'' used until the marriage to the married name; the woman could then choose one of the following options: ''Meyer-Huber'', ''Huber-Meyer'', ''Meyer-Wagner'' or ''Wagner-Meyer''.
However, if an accompanying name is to be used, a ''triple name'' must not be created: If one spouse's name, jointly determined by the spouses to be their married name, is already a double name, the other spouse may not additionally prefix or append his or her name. Conversely, if a spouse whose multi-member name has not become a married name wishes to have a companion name, he or she may only add one of the name elements of this double name to the married name.
A declaration of prefixing or suffixing can be revoked later vis-à-vis the registry office.
If the spouses do not decide on a joint surname, they keep the name they had at the time of the marriage. In the above example, the names "Peter Meyer" and "Lisa Wagner" will therefore remain, unless the spouses decide on their married name at a later date.
If one of the spouses is a foreigner, the married name can be completely different. This is because other countries usually have different naming laws. According to the law of the future spouse's home country, there does not necessarily have to be a right to choose. Some states, for example, do not recognize married names at all or only allow the husband's name as the married name. Information can be obtained from the registry office at the place of residence or the registry office where the marriage is registered.
It is always advisable to enquire in advance at the registry office in your place of residence about the required documents.
Regional Supplement (Editorial responsibility: City of Erlangen)
Supplement 3rd paragraph: The declaration on the determination of a married name can be made both at the registry office of the place of residence and at the registry office keeping the register.
A prerequisite for the determination of a married name is that a valid marriage exists.
The declaration on the use of a married name and the declaration on the use of a companion name made at the time of the marriage is free of charge. If these declarations are not made at the time of the marriage but at a later date, a fee of EUR 30.00 will be charged in each case.
§ Section 1355 of the German Civil Code (BGB)
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