For the establishment of a marriage, civil marriage in the German legal field is fundamentally necessary. When examining the so-called matrimonial capacity of foreign spouses (marriage certificate of the home country), it depends whether legal obstacles to marriage arise from the respective home law of the foreign partner. The purpose of this examination is to prevent a marriage being entered into in Germany which would be ineffective, removable or invalid in the home country of the spouse. Marriage is carried out in the context of the civil marriage of two persons by a civil servant. The only exception is the marriage of two foreign nationals before a person of marriage duly authorised by the government of the home State, in the form prescribed by the law of that State, provided that one of the fiancee is a national of that State.
Proof of identity (identity card, passport, or appropriate identity document)
Registration of the intended marriage. In the absence of language skills, an interpreter must be brought along at the instigation of the spouse. The spouses must be a spouse. The spouses must be able to do business. The spouses must be present in person. Marriage must not be precluded by a marriage.
No. 11 ff. General Administrative Regulation on the Civil Status Act (PStG-VwV)
- Section 6 Civil Status Act (PStG)
- Art. 13 sec. 4 sentence 2 Introduction act to the Civil Code (BGBEG)
- Section 104 Of the Civil Code (BGB)
- Section 1896 et seq. Civil Code (BGB
- Section 1310 et seq. Of civil code (BGB)
- Section 11 et seq. Civil Status Act (PStG)
- Section 1903 Civil Code (BGB)
- Section 28 f. Civil Status Ordinance (PStV)
Before marrying, the spouses must be questioned as to whether there have been changes in their actual circumstances since the marriage was registered and whether they wish to determine a marriage name. Marriage is to be carried out in a dignified form corresponding to the importance of marriage. The groomsmen are no longer mandatory under German law, but can still be involved. The wedding ceremony takes place at a place dedicated to it by the competent authority (registry office). The lawful marriage presupposes the legal capacity of the spouses, which is checked by the registrar. The declarations of the spouses that they wish to enter into the marriage together shall be certified in a minutes by the registrar following the marriage. The minutes must contain all the information to be certified in the marriage register. It must be signed by the spouses, the groomsmen and the registrar.