- Marriage - Marriage - Marriage

For the establishment of a marriage, the civil marriage is fundamentally necessary in the German legal field. The marriage is carried out, within the framework of the civil marriage of two persons, by a registrar.

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


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Preconditions
The spouses must be of legal age. The spouses must have legal capacity (especially, of course, legal capacity. Spouses must be present in person According to German law, marriage may not be precluded by an obstacle to marriage.
§104 BGB (German Civil Code) § 1310 BGB (German Civil Code) § 1312 BGB (German Civil Code) § 1896 ff. BGB § 1903 BGB (German Civil Code) Art. 13 sec. 4 sentence 1 EGBGB § 6 PStG § 11 PStG § 13 PStG § 29 PStV Art. 14.1 et seq. PStGVwV

Before the marriage, the spouses must be asked whether there have been any changes in their factual circumstances concerning the conditions for marriage since the registration of the marriage and whether they wish to determine a married name. The marriage should be carried out in a dignified form appropriate to 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 h the legal capacity (especially the natural legal capacity and the marital capacity) of the spouse, which is checked by the registrar/registry office. The declarations of the spouse that they wish to enter into the marriage with each other must be recorded in a record by the registrar after the marriage. The record must contain all the information to be recorded in the marriage register. It must be signed by the spouses, the witnesses and the registrar. A marriage is also considered to be concluded if the spouses have declared that they want to enter into the marriage with each other.

Responsible for the content
Lower Saxony Ministry of the Interior and Sport

Last update or date of publication
09.11.2020