Marriage in Germany: What You Should Know

Under German law, a marriage is only possible between two people – a polygamous marriage is excluded by law and is even a criminal offence, see Section 1306 of the German Civil Code (BGB) in conjunction with Section 172 of the German Criminal Code (StGB). The gender of the two people has been irrelevant for a marriage in Germany since 2017, see Section 1353 (1) BGB. A further requirement for marriage under German law is that both spouses must be of legal age. In addition to being of legal age, both persons must also have legal capacity, i.e. they must be able to understand the significance and consequences of the marriage and make decisions independently. In addition, the spouses cannot be related in a direct line, i.e. not descended from each other, and adopted children cannot marry their (adoptive) parents. If a marriage has been contracted when it should not have been, it can be annulled at any time upon discovering the mistake, Section 1314 BGB.

Under German law, a marriage presupposes that the spouses are obliged to live together and bear responsibility for each other, Section 1353 (1) BGB.

In Germany, a marriage must be concluded before a registrar. A religious or traditional marriage is not legally recognised as a marriage in Germany. It can be held in addition to a civil marriage but has no further legal effect. This means that a religious or traditional wedding is not sufficient to be recognised as a legally valid marriage within the meaning of German family law. International marriages, i.e. marriages recognised as legally valid under the law of the country in which they were concluded, can – depending on the individual case – be transferred to German law through a recognition procedure. The original marriage certificate and a corresponding apostille or legalisation must be submitted for recognition. The documents must be translated to be verified by the German authorities. The spouses must also prove their identity. The procedure is initiated upon application and then checked by the registry office. This type of recognition procedure also applies to the recognition of foreign decisions in family matters and to the recognition of foreign divorces.

Marriages and dissolution of marriages must be documented, see Section 12 of the German Personal Status Law (PStG). In individual cases, the registry office in Germany may request further documents. In addition, both spouses must be present at the ceremony and enter into the marriage in person, so it is not possible to enter into a marriage in Germany from abroad. For the marriage ceremony, both partners must be asked individually whether they wish to marry each other. The marriage is usually – but not necessarily – performed in the presence of (marriage) witnesses.

For foreigners, the certificate of marital capacity is issued by the respective country of origin. For some documents, an official notarisation, in addition to a translation, may be necessary. Sufficient time should be provided for this, as it can take several weeks. Sometimes, the examination of the documents also involves a personal interview or questioning.

In principle – if all requirements are met – the actual marriage takes place through a simple declaration by the spouses that they wish to marry each other.

Our law firm is happy to assist you with all legal matters relating to marriages in Germany, including recognising marriages performed abroad and advising on the legal implications of religious and traditional weddings. Contact us for comprehensive advice and legal support to ensure that your marriage fulfils all legal requirements and that you are legally protected.

Under German law, marriage has far-reaching consequences, not only in terms of family law and the allocation of assets but also regarding the social security of the spouses, succession, and the respective residence rights of non-German spouses.

Entering a marriage with a German citizen can result in simplified residence requirements. After the marriage, the foreign spouse can receive a residence permit following Section 28 of the German Residence Act (AufenthG) because they are married to a German with a habitual residence in Germany. After three years, this temporary residence permit can be converted into a permanent settlement permit so that the foreign spouse can live in Germany permanently.

However, a divorce before the three years have expired would be even more stressful, as in addition to the emotional aspects, there would also be concerns about the residence status. Our lawyers will support you in this regard and submit the necessary applications to obtain a residence permit independent of the marriage so that you do not have to leave the country after the divorce. Instead of obtaining a residence permit, you can acquire German citizenship after specific deadlines have expired. In addition to the simplifications in German residence law, integration is also favoured by a German marriage. A German marriage significantly simplifies the possibility of taking part in language and integration courses and gaining access to other state support programmes.

In Germany, spouses who have little or no income have the right to be covered by the other partner’s statutory health insurance. This leads to considerable financial relief and enables access to the German healthcare system. There are also social benefits in Germany linked to marriage, such as the widow’s or widower’s pension if one of the spouses dies so that the surviving partner remains financially secure.

In the context of German inheritance law, a marriage means that the respective partner becomes the legal heir of the other partner and is entitled to a compulsory portion of the estate. Additional agreements can be made here using a prenuptial agreement and will.