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 required.
