- Marriage - Marriage - Marriage

For the establishment of a marriage, the civil marriage in the German legal area is fundamentally necessary. When examining the so-called marital capacity of foreign spouses (certificate of marital capacity of the home state), it depends on whether the respective home law of the foreign partner results in legal obstacles to marriage. The aim of this examination is to avoid a marriage in Germany that is ineffective, voidable or invalid in the spouse's home country. The marriage takes place, in the context of the civil marriage of two persons, by a registrar. The only exception is the marriage of two foreigners, in front of a person duly authorised by the government of the home State, in the form prescribed by the law of that State, in so far as one of the betrothed is a national of that State.

Proof of identity (identity card, passport, or suitable identity document)


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Preconditions
Registration of the intended marriage In the absence of language skills, an interpreting person must be brought along at the instigation of the spouse. The spouses must be of adult age. The spouses must be able to do business (especially, of course, capable of doing business). The spouses must be present in person According to German law, marriage may not be opposed to marriage.
§104 BGB § 1310 BGB § 1312 BGB § 1896 ff. BGB § 1903 BGB Art. 13 sec. 4 sentence 1 EGBGB § 6 PStG § 11 PStG § 13 PStG § 29 PStV Art. 14.1 et seq. PStGVwV

Before the marriage ceremony, the spouses must be asked whether there have been changes in their actual circumstances concerning the conditions for marriage since the registration of the marriage and whether they want to determine a married name. The marriage is to be carried out in a form worthy of the importance of the marriage. Witnesses are no longer mandatory under German law, but can still be involved. The wedding ceremony takes place at a (prescribed) place dedicated to it by the competent authority (registry office). The lawful marriage presupposes the legal capacity (especially the natural legal capacity and the ability to do business) of the spouses, which is checked by the registrar / the registry office. The declarations of the spouses wishing to enter into marriage with each other must be notared by the registrar in a written statement after the marriage. The minutes must contain all the information to be certified in the marriage register. It shall be signed by the spouses, the witnesses and the registrar. A marriage is considered to be concluded even if the spouses have declared that they want to enter into marriage with each other.