Marriage; registration

The couple must register their marriage with the civil registry office and obtain the necessary documents. As a general rule, they must appear in person at the civil registry office. If one of them is unable to attend, the other may authorize them in writing. In exceptional cases, if both parties are unable to appear for a valid reason, the marriage can be registered in writing or through a representative.

Which registry office is responsible for registering the marriage depends on the place of residence of the parties. If they have different places of residence, they may choose at which of the competent civil registry offices they wish to register their marriage.

Registration of the marriage is required so that the registry office can determine whether the legal requirements for marriage have been met and whether there are any legal impediments to the marriage (verification of eligibility to marry).

The specific registry office is only binding for the purpose of registering the marriage. The marriage may be solemnized at any civil registry office in Germany, provided that the registry office where the marriage was registered found no impediments to marriage during its review of the requirements for marriage and that there have been no changes in the actual circumstances (regarding the requirements for marriage) of the parties since the registration. The couple will receive notification from the registry office where the marriage was registered confirming that no impediment to marriage exists. The marriage must take place within six months of this notification; otherwise, a new registration process is required.

Only once the following questions have been clarified can the registry office determine whether the couple is eligible to marry and schedule a specific date for the wedding.

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

Have you ever been married or in a registered domestic partnership?

• The previous marriage must have been dissolved by death, divorce, or other judicial annulment.
  If a previous marriage was dissolved by divorce abroad, the following applies: A foreign divorce is generally valid in Germany only if it has been expressly recognized by the competent state judicial administration. Exceptions apply only if the marriage was dissolved in the home country of both spouses and neither spouse is subject to German law. Recognition of the foreign decision is also not required if a court or authority of an EU member state (excluding Denmark) has issued the decision and the decision was rendered after March 1, 2001. If recognition is required, it is advisable to file the necessary application in a timely manner, as processing takes some time and additional documents may need to be obtained under certain circumstances. The registry office where the new marriage is to be solemnized will be happy to assist with the application. If the recognition of a foreign divorce decree has been granted by a state judicial administration, it is binding on courts and administrative authorities throughout the Federal Republic of Germany, thereby establishing clear and definitive civil status for the applicant 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 in a direct line? Or are you full or half-siblings?
In these cases, marriage is prohibited. This also applies if the family relationship has been terminated through adoption.

Are you adoptive siblings?
In this case, the family court might grant an exception.

Are you a foreign national?
Foreign nationals must, except in the case of a same-sex marriage, submit a certificate of no impediment to marriage from the authorities in their home country. 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.

The marriage registration is valid for six months after notification from the registry office where the marriage is to be registered. Since couples usually have a specific wedding date in mind, it is therefore advisable to check with the registry office that will perform the marriage ceremony to see if the desired date is available and by when, at the latest, the registration must be submitted to the registry office where the marriage is to be registered. Keep in mind that obtaining the necessary documents can take time.

To get married, you must provide proof of, among other things, your civil status, place of residence or habitual residence, and nationality. If you were previously married or entered into a civil partnership, you must provide proof of both the marriage or partnership and its dissolution.

In any case, you must present a valid passport or national ID card: (ID: 16738)

If necessary, the required documents (e.g., birth certificate) can be obtained directly from the civil registry office. The relevant civil registry office can provide further information on this matter.

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.

• Sections 11–13 of the Civil Status Act (PStG)

  Jurisdiction, registration and marriage

• Sections 1303–1309 of the German Civil Code (BGB)

The couple must register the marriage at the registry office. They must appear in person at the registry office. If one of them 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 spouses will receive a notification from the registration office stating that there is no impediment to marriage.