For the establishment of a marriage, the civil marriage is fundamentally necessary in the German legal field. When examining the so-called marital capacity of foreign spouses (certificate of marital capacity of the home state), it depends on whether legal obstacles to marriage arise from the respective home law of the foreign partner. This examination is intended to prevent a marriage being concluded in Germany that would be ineffective, voidable or invalid in the home country of the spouse. The marriage is carried out within the framework of the civil marriage of two persons by a registrar. The only exception is the marriage of two foreigners before a married person duly authorised by the government of the home State in the form prescribed by the law of that State, provided that one of the fiancées is a national of that State.
Proof of identity (identity card, passport, or suitable identity document)
Registration of the intended marriage. If language skills are missing, an interpreter must be brought along at the instigation of the spouse. The spouses must be of legal age. The spouses must have legal capacity. The spouses must be present in person. There must be no obstacle to marriage.
No. 11 ff. General Administrative Regulation on the Civil Status Act (PStG-VwV)
- § 1310 ff. Civil Code (BGB) Opens in new window
- § 104 Civil Code (BGB) Opens in new window
- § 1896 et seq. civil code (BGB) Opens in new window
- § 11 et seq. Civil Status Act (PStG) Opens in new window
- § 1903 Civil Code (BGB) Opens in new window
- § 6 Civil Status Act (PStG) Opens in new window
- § 28 f. Civil Status Ordinance (PStV) Opens in new window
- Art. 13 para. 4 sentence 2 Introductory Act to the Civil Code (BGBEG) Opens in new window
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. The 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 of the spouse, which is checked by the registrar. The declarations of the spouse to enter into the marriage with each other must be recorded by the registrar in a record 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.
Responsible for the content
Last update or date of publication