Marriage; registration

The couple must register the marriage at the registry office and obtain the necessary documents. In principle, they must appear in person at the registry office. If one of them is unable to attend, they can authorize the other in writing. Exceptionally, if both spouses are unable to attend for an important reason, the marriage can be registered in writing or by a representative.

The registry office responsible for registering the marriage depends on the place of residence of the spouses. If they have different places of residence, they can choose at which of the competent registry offices they wish to register the marriage.

It is necessary to register the marriage so that the registry office can determine whether the legal requirements for marriage are met or whether a prohibition on marriage stands in the way of the desire to marry (examination of the capacity to marry). To do this, the registrar must ask the couple a few questions.

However, the jurisdiction regulation is only binding for the registration of the marriage. The marriage can be entered into before any registry office in Germany if no impediment to marriage has been established during the examination of the marriage requirements by the registry office and no changes have occurred in the actual circumstances (with regard to the marriage requirements) of the spouses since the registration. The spouses will receive notification from the registration office that there is no impediment to marriage. The marriage must take place within six months of this notification, otherwise a new registration procedure is necessary.

Are you already 18 years old?
Both parties to the marriage must be of legal age.

Were you previously married or in a registered civil partnership?

• The previous marriage must have been dissolved by death, divorce or other legal annulment.
  If a previous marriage was divorced abroad, the following applies: As a rule, a divorce abroad is only valid if it has been expressly recognized by the competent state justice administration. Exceptions only apply if the marriage was divorced in the home country of both spouses and neither spouse is subject to German law. Recognition is also not required if a court or authority of an EU member state, with the exception of Denmark, has made a decision and the decision was made after March 1, 2001. If recognition is required, it is advisable to submit the necessary application in good time, as processing takes a certain amount of time and additional documents may need to be obtained. The registry office where the new marriage is to be concluded will be happy to help with the application. If the recognition of a foreign divorce decree has been issued by a state justice administration, it is binding for courts and administrative authorities throughout the Federal Republic of Germany, so that the applicant's marital status is clear once and for all.
• The former civil partnership must have been dissolved by death, a court order of dissolution or other judicial dissolution.

Are you related to each other in a direct line? Or are you full or half siblings?
In these cases, marriage is excluded. This also applies if the relationship has been dissolved by adoption.

Are you adoptive siblings?
In this case, the family court may allow an exception.

Are you a foreigner?
Except in the case of a same-sex marriage, foreigners must present a certificate of no impediment to marriage from their home authority. If this is not possible, an exemption must be obtained from the President of the Higher Regional Court with jurisdiction in the Federal Republic of Germany.

Only when these questions have been clarified can the registry office determine the marriageability of the couple and arrange a specific date for the marriage.

DOCUMENTS

As a rule, the following documents must be submitted:

From spouses who have not yet been married and who are of legal age and German citizens:

• A certified printout from the register of births (not older than 6 months), available from the registry office responsible for the place of birth.
• A registration certificate stating marital status and nationality, available from the residents' registration office of the main place of residence.
• A birth certificate or a certified printout from the register of births of joint children (not older than 6 months), available from the registry office responsible for the child's place of birth.
• A valid passport or identity card.

Married couples who have already been married or have lived in a registered civil partnership:

In addition, documentary evidence of the dissolution of the last marriage or civil partnership (e.g. death, divorce, court order of dissolution). As a rule, the proof can be provided by a newly issued marriage or civil partnership certificate or a certified printout from the marriage or civil partnership register of this marriage or civil partnership.

GENERAL INFORMATION

• All documents must be originals, photocopies cannot be accepted!
• Foreign-language documents are required in international form or together with a translation (by a publicly appointed and sworn translator or interpreter!).

In special cases, further documents may be required! Your local registry office will be happy to advise you.

DOCUMENTS

Married persons who have already been married or have lived in a registered civil partnership:

Divorced persons require a marriage certificate with a legally binding divorce decree or alternatively a certified copy/printout from the marriage register.

Widowed persons require a marriage certificate with death certificate of the deceased spouse or alternatively a certified copy/printout from the marriage register.

Personal appearance of the spouses at the registry office. If one of the couple is unable to attend, they can authorize the other in writing to register the marriage. Exceptionally, if both spouses are unable to attend for an important reason, the marriage can be registered in writing or by a representative.

The verified marriage registration is valid for six months. As a specific wedding date is usually requested, it is therefore advisable to enquire at the relevant registry office whether the desired date is available and from when the marriage can be registered at the earliest or by when the registration must be completed at the latest. It should be borne in mind that obtaining the necessary papers may take some time.

• Divorced persons: Marriage certificate with legally binding divorce decree or alternatively certified copy/printout from the marriage register
• Widowed persons: Marriage certificate with death certificate of the deceased spouse or alternatively certified copy/printout from the marriage register

The fee for checking the capacity to marry is EUR 55.00.

If foreign law is to be observed, the fee is increased by EUR 30.00 per person.

Other fees and expenses may also be incurred.