Getting Married in Germany: Requirements, Procedure and Legal Consequences

To get married in Germany, both partners must be at least 18, have the capacity to marry, be free of any existing marriage or civil partnership, and not be closely related to each other. In detail:

• Two people of the same or different sex: Under Section 1353(1) of the German Civil Code (BGB), two people can marry regardless of their sex.
• No existing marriage or civil partnership: Anyone who is already married to, or in a registered civil partnership with, a third person cannot marry again (Section 1306 BGB). Entering into a second marriage regardless can also be a criminal offense under Section 172 of the German Criminal Code (StGB).
• Legal age: As a rule, both partners must be at least 18 (Section 1303 BGB). A person under 16 cannot enter into a valid marriage at all.
• Capacity to marry: A person who lacks legal capacity (geschäftsunfähig) cannot marry (Section 1304 BGB). The question is whether the person understands the meaning and consequences of marriage and can make the decision freely.

German law also prohibits marriage between close relatives. Under Section 1307 BGB, relatives in the direct line, such as parents and children or grandparents and grandchildren, cannot marry each other, and neither can full or half siblings. This applies even where the legal relationship between them has ended through adoption. Where the relationship was created by adoption, Section 1308 BGB applies instead. For relatives in the collateral line, such as adoptive siblings, the family court can grant an exemption on request.

Getting married in Germany generally involves three steps:

1. Registering your intended marriage with the responsible registry office
2. The registry office checking the requirements for marriage
3. The wedding ceremony before the registrar

For international couples, preparation can take several weeks or even months, since foreign documents often have to be obtained, authenticated, and translated first. Fees and waiting times for appointments also vary from one registry office to another, so it is worth contacting the chosen office early on.

Couples register their intended marriage, in person or in writing, with a registry office in the district where at least one partner has their residence or habitual residence (Section 12 of the Personal Status Act, PStG). If neither partner lives in Germany, they register with the registry office where they intend to marry. Registering in one place does not tie the couple to that office for the wedding: the ceremony itself can take place at any registry office in Germany (Section 11 PStG).

When registering, the couple must prove the following with official documents:

• Their civil status
• Their residence or habitual residence
• Their nationality
• Any previous marriage or civil partnership and how it ended

If the most recent previous marriage or civil partnership did not take place at a German registry office, the couple may also have to prove that any earlier ones were dissolved. For partners who already live in Germany, proof of residence usually means an extended registration certificate (erweiterte Meldebescheinigung), issued by the local office where they registered their address.

The registry office then checks whether there is any legal impediment to the marriage (Section 13 PStG) and may ask for further documents. Where there are concrete indications that the marriage could later be annulled, for example because it is intended only to secure a right of residence, the registry office can question the partners individually or together and ask for supporting evidence. As a last resort, it can require a statutory declaration in lieu of an oath (eidesstattliche Versicherung). The registrar must refuse to conduct the wedding if it is obvious that the marriage could be annulled (Section 1310(1) BGB).

If all requirements are met, the registry office notifies the couple that the marriage can go ahead. This notification is valid for six months. If the couple does not marry within that period, they have to register and go through the check again.

Foreign nationals usually need a certificate of no impediment to marriage from their home country, along with authenticated and translated civil status documents, such as a birth certificate and, where relevant, proof that a previous marriage has ended.

Where one partner’s right to marry is governed by foreign law, which usually depends on their nationality, that partner generally has to provide a certificate of no impediment to marriage (Ehefähigkeitszeugnis) before the wedding (Section 1309 BGB). This certificate confirms that nothing stands in the way of the marriage under the law of that country. For citizens of other EU member states, a certificate issued by their country’s embassy or consulate can also be accepted. The certificate is valid for six months from the date of issue, or for a shorter period if it says so, which is worth factoring into the timeline. If the home country does not issue such certificates, the partner can apply for an exemption. The application is submitted through the registry office, which prepares it for decision by the president of the Higher Regional Court (Oberlandesgericht) responsible for the registry office’s district (Section 1309(2) BGB, Section 12(3) PStG). Exemptions are mainly granted to nationals of countries that do not issue these certificates and to stateless persons, and they are also valid for six months.

Foreign documents usually have to be authenticated and translated before a German registry office will accept them. What applies depends on where the document was issued:

For documents from outside the EU, registry offices may not accept translations made abroad, so it is worth checking with the registry office before commissioning them.

If one partner was previously divorced outside Germany, the foreign divorce generally has to be recognized in Germany before they can remarry here. Recognition is decided by the state justice authority (Landesjustizverwaltung). Exceptions apply, particularly for divorces granted by a court in another EU member state. This step is easy to overlook and can add considerably to the timeline.

Obtaining, authenticating, and translating foreign documents regularly takes several weeks, so international couples should start well before their preferred wedding date. Our family lawyers review foreign documents before registration, so that missing or incorrect documents come to light before they can delay the wedding.

Couples can marry in Germany even if neither partner lives here. In that case, they register with the registry office where they want to marry. The law allows registration in writing as well as in person, but practice varies between registry offices. Couples should therefore check early on how registration can be handled while they are still abroad and how many appointments they will need to attend in person.

Depending on their nationality, a partner from outside the EU may need a visa to enter Germany for the wedding. If the couple intends to live in Germany afterward, the type of visa used to enter can affect whether the non-German partner can then obtain a residence permit without leaving the country. Our immigration lawyers advise on the right route before you travel.

Under Section 1310 BGB, a couple is married once both partners declare before the registrar that they wish to marry each other. They must make these declarations in person and at the same time (Section 1311 BGB), so it is not possible to marry in Germany through a representative or online. The registrar asks each partner individually whether they wish to marry the other and then pronounces them lawfully married. One or two witnesses can attend if the couple wishes, but they are not required (Section 1312 BGB). A religious or traditional ceremony can take place in addition, but it does not replace the civil marriage and has no legal effect on its own.

Two partners who are both foreign nationals can also marry in Germany before an official authorized by the government of one partner’s home country, for example at an embassy or consulate, in the form required by that country’s law (Article 13(4) of the Introductory Act to the Civil Code, EGBGB). Any other ceremony in Germany, including a purely religious one, does not create a valid marriage.

A marriage performed outside Germany is generally recognized here without any formal recognition procedure. Two conditions apply: the marriage must have been valid under the law of the country where it took place, and both partners must have had the capacity to marry under the law that applies to them. Couples who married abroad usually prove their marriage with the foreign marriage certificate, authenticated and translated as described above.

Where at least one spouse is a German national, the marriage can also be registered in the German marriage register on request (Nachbeurkundung, Section 34 PStG). The same applies to stateless persons and recognized refugees living in Germany. Registration is optional, but it provides a German marriage certificate, which can make dealings with German authorities considerably easier. The request goes to the registry office where the applicant lives or last lived, or to the central registry office in Berlin (Standesamt I) if neither spouse has ever lived in Germany.

Some marriages performed abroad raise more difficult questions. Examples include a marriage where one partner was a minor at the time, a marriage conducted by proxy or as a purely religious ceremony, or a marriage where one partner was still married to someone else. At Schlun & Elseven Rechtsanwälte, our family lawyers assess the validity of foreign marriages in these cases and advise on the consequences for residence status, inheritance, and a possible divorce in Germany.

Marriage in Germany affects the spouses’ property, names, residence status, naturalization, social security, inheritance, and tax. At its core, the spouses are obliged to live together in a marital partnership (eheliche Lebensgemeinschaft) and bear responsibility for each other (Section 1353(1) BGB), and many of the other legal effects of marriage follow from this principle.

The most important consequences include:

• Property: Unless the spouses agree otherwise in a prenuptial agreement, they live under the community of accrued gains (Zugewinngemeinschaft) (Section 1363 BGB). Despite its name, this is not a community property system. Each spouse keeps their own assets, including those acquired during the marriage, and the gains each spouse made during the marriage are only equalized when the marriage ends. For international couples, a foreign matrimonial property regime may apply instead, depending on where the couple lives and their nationalities.
• Married name: Spouses can choose a common married name (Ehename): the birth name or current surname of either spouse, or a double name formed from both. They can also keep their own names (Section 1355 BGB). The choice is usually declared at the wedding, and a later declaration must be publicly certified. Where a spouse’s name is governed by foreign law, different rules can apply, and our lawyers advise on name law questions in these cases.
• Residence: The foreign spouse of a German citizen living in Germany is generally entitled to a residence permit (Section 28 of the Residence Act, AufenthG). Joining a spouse in Germany usually requires basic German language skills. After holding this residence permit for three years, the spouse is generally granted a permanent residence permit (Niederlassungserlaubnis), provided the couple still lives together in Germany, the spouse has sufficient German, and the other requirements are met. If the couple separates, the spouse can obtain an independent right of residence once the couple has lived together lawfully in Germany as a married couple for at least three years, or earlier in cases of particular hardship (Section 31 AufenthG). Different rules apply to the spouses of EU citizens and of other foreign nationals living in Germany.
• Naturalization: Spouses of German citizens can usually be naturalized after three years of lawful residence in Germany, provided the marriage has lasted at least two years and the other naturalization requirements are met (Section 9 of the Nationality Act, StAG).
• Social security: A spouse who lives in Germany and has little or no income of their own can usually be covered free of charge through the other spouse’s statutory health insurance (family insurance, Familienversicherung). If one spouse dies, the surviving spouse may be entitled to a widow’s or widower’s pension.
• Inheritance: Spouses are each other’s statutory heirs. Even if disinherited, a surviving spouse is generally entitled to a compulsory share (Pflichtteil) (Section 2303 BGB). Spouses can make different arrangements through a prenuptial agreement, a will, or an inheritance contract (Erbvertrag). For international couples, a foreign inheritance law may apply, and our inheritance lawyers assess which law governs in the individual case.
• Tax: Spouses who are both resident taxpayers in Germany and do not live permanently apart can choose joint assessment, where income splitting (Ehegattensplitting) often reduces their overall tax burden (Sections 26 and 32a of the Income Tax Act, EStG). Special rules can apply where one spouse lives in another EU or EEA country. For inheritance and gift tax, spouses benefit from a high personal tax-free allowance, which applies in full where at least one of the parties involved lives in Germany.

Which consequences apply in an individual case depends in particular on the spouses’ nationality, residence status, property regime, and personal circumstances. Our family lawyers advise on the legal consequences of marriage and help you structure your personal and financial arrangements, working with our immigration lawyers where your residence status is affected.

In Germany, a marriage can only be annulled by a court, and only on specific grounds, such as bigamy, deception, an unlawful threat, or a sham marriage. A marriage that should not have taken place does not end automatically. Under Section 1313 BGB, it is annulled (Aufhebung der Ehe) by a court decision, if someone entitled to apply asks the court to do so, and it ends once that decision becomes final. Unlike annulment in some other legal systems, this does not mean the marriage is treated as never having existed. It ends from that date rather than retroactively.

The grounds for annulment are set out in Section 1314 BGB. Besides a breach of the requirements for marriage described above, they include:

• Mistake: A spouse did not know they were entering into a marriage.
• Deception: A spouse was induced to marry by deliberate deception about circumstances that would have stopped them marrying if they had known the truth. Deception about financial circumstances does not count, and neither does deception by a third party without the other spouse’s knowledge.
• Unlawful threat: A spouse was coerced into marrying by an unlawful threat.
• Sham marriage: Both spouses agreed at the time of the wedding that they did not intend to take on the obligations of marriage.

Who can apply depends on the ground (Section 1316 BGB). In cases of mistake, deception, or threat, only the affected spouse can apply. For the other grounds, either spouse and the responsible public authority can apply, and in cases of bigamy, so can the existing spouse.

Annulment is excluded in certain cases (Section 1315 BGB). Most commonly, this is where the affected spouse has shown, after the impediment ended or after discovering the mistake, deception, or end of the threat, that they want to continue the marriage. A sham marriage can no longer be annulled once the spouses have lived together as a married couple. Time limits also apply in some cases. Under Section 1317 BGB, an application based on mistake or deception must be made within one year, and an application based on an unlawful threat within three years, counted from the discovery of the mistake or deception or from the end of the threat. An application based on a breach of the requirements for marriage, such as bigamy, is not subject to these time limits. Once a marriage has been dissolved, for example by divorce, it can no longer be annulled. Because of these rules, it is worth getting advice early.

Getting married in Germany can raise family law, civil status, and immigration questions at the same time. Does one partner need a certificate of no impediment? Is a marriage performed abroad valid in Germany? Does the default property regime match what you want? Each of these questions is easier to resolve before the wedding than after it. It is therefore worth having your documents and your property position reviewed before your date at the registry office is fixed.

At Schlun & Elseven Rechtsanwälte, our family law team supports you from registration at the registry office and the exemption procedure through to registering a marriage performed abroad in the German marriage register. Where your marriage affects your residence status, our family lawyers work closely with our immigration lawyers. We advise in English, work fully remotely where needed, and treat every inquiry confidentially. Our cost structure is transparent, and we explain the expected costs before any work begins. Contact our family law team to have your documents and your situation reviewed before you register.