Make a declaration on the use of names - Declaration on the use of names of spouses without a domestic marriage or marriage entry Unfortunately this specification of service has not yet been completely translated.

Under certain circumstances, married persons can also use their names after the marriage abroad by declaring them to a German registry office.

The registry office issues a certificate of this

Spouses can design their own name.

The following declarations of name are possible, provided that german personal status applies to the spouses:

  • Determination of the married name (also after the marriage)
  • Acceptance of an accompanying name (prefix or addition)
  • Re-acceptance of the birth name

The corresponding declaration must be made to the registry office The declaration is personal.

Furthermore, the declaring person must have legal capacity, the regulations according to § 106 BGB apply to limited legal capacity, for supervised persons §§ 119ff BGB.

Declarations made after the marriage always require public certification.

In Germany, the notaries and every registrar appointed in Germany are responsible for certification. In the case of declarations abroad, the certification and certification authority of the German consular officers must be observed.

Declarations of names are declarations of intent requiring receipt of office and are only effective after receipt by the responsible German registry office.

If there is no German marriage or marriage entry for the marriage, the registry office in whose jurisdiction one of the declarant has his domicile or last had his or her habitual residence is responsible for receiving a declaration of name in the marriage. If such a domestic reference exists, this jurisdiction comes into play if the marriage was concluded abroad and has not yet been subsequently certified in a German marriage register. If such a domestic reference does not exist, in the form of a domicile or habitual residence in Germany, the registry office I in Berlin is responsible.

  • Identity document (identity card or passport)
  • Marriage certificate or certified extract from the marriage register

with translation, apostille and, if necessary, content review. (Determined in detail by the responsible registry office)

Preconditions

  • The declarant must be married to each other.
  • The corresponding declaration must be made to the registry office.
  • Declarations under marriage name law must be made in person.
  • The declaration can only be made by persons with legal capacity.
  • The declaration must be publicly notarized.

Related Links

  • § 41 Civil Status Act (PStG)
  • § 5 Civil Status Ordinance (PStV)
  • § 46 No. 1 Civil Status Ordinance (PStV)
  • § 1355 Civil Code (BGB)
  • § 1617c paragraph 3 of the German Civil Code (BGB)
  • Art 10 paragraph 2 Introductory Act to the Civil Code (EGBGB)
  • The declaration of the name in the marriage is made personally, by the married to each other, at the responsible registry office.

Only after the examination of the registrar of the underlying facts and the result that a name declaration is possible, the name of the spouses can be chosen

  • under the law of a State to which one of the spouses belongs, or
  • according to German law, if one of you has his habitual residence in Germany.

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Last update or date of publication
23.11.2020