Marriage in Germany
When romance meets reality: Organizing their
wedding in Germany can cost foreign residents some time and effort, especially
for the required paperwork. Our expat guide introduces the legal framework for
marriage in Germany.
General
Considerations
Generally speaking, getting married in
Germany is a short and matter-of-fact affair. The country offers plenty of
romantic scenery and beautiful locations for your dream wedding and honeymoon.
However, the Federal Foreign Office regards marriage as “a legally binding
contract” rather than an act of love. Therefore, it can take some bureaucratic
effort.
In Germany, any valid marriage must be
performed at the registry office (Standesamt), regardless of whether there’ll
be a religious wedding as well. Priests, ministers, rabbis, imams, or consular
officers may not perform a legally binding marriage – only an official
registrar can do so. If they intend to have a wedding e.g. at your church or
synagogue, the civil ceremony at the registry office (Standesamt) must come
first. When planning the wedding reception, allow several months to take care
of all formalities.
Apart from weddings for heterosexual couples,
Germany recognizes same-sex civil unions (Eingetragene Lebenspartnerschaften).
While parliament avoided the word “marriage” in the respective law passed in
2001, same-sex partners have to meet the same requirements as bride and groom.
They also enjoy many (but not all) of the benefits and obligations applying to
heterosexual marriage.
Bureaucratic
Impediments
Which documents are required from foreign
residents for a legally binding marriage in Germany mostly depends on two
things: country of origin and marital status. However, the requirements of
the local registry office may differ. Remember to make enquiries at the
nearest Standesamt well before the wedding day.
This is only the beginning. All required
documents must be translated and be no older than six months. They need to hire
a sworn interpreter for the translation or a lawyer to certify it. This can get
rather complicated: in a worst-case scenario, their home country requires their
presence when issuing the paperwork – simply going to the embassy or consulate
won’t do. Try to get as much information as possible before planning the
wedding day.
Please remember that German law might be more
restrictive when it comes to changing the family name than the home country. They
should talk to their registrar well in advance to find out what their options
are.
Standard
Requirements
- · Both partners must be present at the Standesamt.
- · Each has to provide a birth certificate.
- · Both parties need a passport as well as proof of residence that has been valid for over three weeks.
- · A requirement that seems rather peculiar to foreigners is the so-called Ehefähigkeitszeugnis. This certificate states that there are no legal hindrances to your marriage in Germany (e.g. ongoing divorce proceedings). Their embassy can help them obtain this document, but the diplomatic staff often cannot issue it.
- · For civil unions, a Ledigkeitszeugnis replaces the Ehefähigkeitszeugnis. This document declares their marital status is single.
- · The minimum age for marriage is eighteen. With parental consent, one party may be younger than eighteen, but not younger than sixteen years of age. they might have to consult a family court.
- · If they were married before, they need proof that all previous marriages were dissolved, for example they late spouse’s death certificate. A divorce decree, however, might not be sufficient. They need further proof that the decree cannot be contested. This depends on the country where they got divorced.
- · They also need two witnesses and – if necessary – an interpreter. Ask the Standesamt if they can provide the latter.
- · The civil ceremony usually costs about 100€-200€. However, there may be additional fees during the application process (for having special documents approved, choosing to get married in a different state or a special venue, or for getting a Stammbuch).
Keep in mind that marriage ceremonies at
the Standesamt are only performed on weekdays and during opening
hours. Some cities make an exception here if they are willing to pay an
additional fee or if they decide to get married in a special venue.
Legal
Consequences
If they are a foreign national getting
married to a German citizen, it can impact their residence status. If they
aren’t living in the country yet, they may need to apply for a special visa.
Non EU-nationals cannot enter the country on a visitor visa if they are
planning to get married in Germany. The required German visa is usually
valid for three to six months.
Once they are married to a German national, they
are normally entitled to a residence permit. Marrying a German national does
not automatically result in German citizenship, though. Depending on their
citizenship, they can apply for naturalization later on.
A few other important consequences are listed
below. Most of them also apply to same-sex civil unions, but there are some
still discriminatory differences, especially with regard to taxation and
adoption. For legal advice on same-sex unions, please contact the Federal Anti-Discrimination Agency or
the LSVD (Lesbian and Gay Organization Germany).
- · If a spouse dies, property and pensions are passed on to the widow(er).
- · The partners have to support each other financially.
- · In case of a divorce, a binding settlement can be demanded.
Divorce
When it comes to recognizing a foreign
divorce in Germany or recognizing a German divorce abroad, things get complicated.
The institutions strongly recommend them to ask a lawyer specializing in family
law.
If they got married in Germany and want to
keep living there, the easiest and most pragmatic solution is getting a divorce
there as well. If both parties agree to the divorce, they have to be separated
for at least one year before the divorce is finalized. If one partner opposes,
the law usually requires three years of separation.
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