Marriage abroad without domestic residence: Apply for subsequent notarisation
Short text
- Marriage Registration of marriages abroad of Germans without domestic residence
- If a German citizen has married abroad, the marriage can be entered in a German marriage register under certain conditions
- No obligation to register in a German marriage register
- To make it easier to deal with authorities and other organisations, it can be an advantage to be entered in a German marriage register
- then a German marriage certificate can be applied for as proof of the marriage concluded abroad
- responsible:
- the registry office in whose jurisdiction the place of residence is or was last located or the registry office where the habitual residence in Germany is located
- for persons not resident in Germany: Registry Office I in Berlin
Full text
There is no formal recognition procedure for foreign marriages in Germany. If you got married abroad, you are therefore not obliged to register your marriage in a German marriage register.
However, to make it easier to deal with authorities and other institutions, it may be advantageous for you to register in a German marriage register at your local registry office. You can then have a German marriage certificate issued there. This proves your marriage and provides information about the name.
A marriage contracted abroad is recognised in Germany if the regulations applicable in the country of marriage have been observed and the marriage was contracted before a legally authorised person.
Marriage certificates from abroad are generally recognised in Germany in the case of a marriage that is valid in German law, but are often only accepted if their authenticity has been established in a special procedure. An apostille or legalisation is helpful for this, which confirms the authenticity of the document. If the document was not drawn up in German, a translation is often required.
Notes:
- The registry office in whose jurisdiction you have or last had your place of residence or habitual abode in Germany is responsible for the subsequent notarisation.
- If you have never lived in Germany, the "Landesamt für Bürger- und Ordnungsangelegenheiten - Standesamt I in Berlin" is responsible for you.
Basis for action(s)
- Tariff items 3.2.1 and 3.2.2 of the Cost Ordinance of the Ministry of the Interior of Mecklenburg-Vorpommern (IMKostVO M-V)
- Article 17b Introductory Act to the German Civil Code (EGBGB)
- § Section 34 of the Civil Status Act (PStG)
- § Section 39 of the Civil Status Act (PStG)
- § Section 41 of the Civil Status Act (PStG)
Required documents
- Marriage certificate (marriage certificate) of the marriage concluded abroad, if necessary with certification by the competent foreign authority (apostille) or legalisation by the German diplomatic mission abroad
- Valid identity card, passport or travel document or use of an ID function
- Naturalisation certificate, citizenship card if applicable
- at the birth of the spouses in Germany:
- certified copies of the birth registers from the registry offices of the places of birth
- if the spouses were born abroad:
- Birth certificates with certification by the competent foreign authority (apostille) or legalisation by the German diplomatic mission abroad
- one spouse has been married before:
- Notarised copy from the German marriage register of the last marriage with annulment note
- alternatively or in the case of previous marriages abroad: proof of the conclusion and dissolution of all previous marriages, e.g. marriage certificates, death certificates, all divorce decrees, with proof of authenticity (apostille or legalisation)
- in full and with a note from the court stating when the judgement became final ("final judgement note")
- Recognition of the foreign divorce by the President of the Higher Regional Court, if applicable
- one spouse had already established a registered civil partnership:
- Proof of the establishment and dissolution of all civil partnerships
- Translations of all documents in foreign languages by sworn translators in Switzerland
- Further documents may be required in individual cases
Prerequisites
- The marriage was entered into abroad and at least one of the two persons has German citizenship or is recognised as a foreign refugee, person entitled to asylum, person entitled to asylum or stateless person.
Deadlines
- Only the spouses themselves can apply for the marriage to be notarised during their lifetime.
- After the death of both spouses, their parents and children are also entitled to apply.
Legal remedy
- Request for instructions from the local court responsible for the registry office (civil status court)
Typing
3bCatalogue entry status
6Library entry status
6