Marriage abroad without domestic residence: Apply for subsequent notarisation
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)
- Pay scale item 9.1.11 of the Cost Regulation of the Ministry of the Interior of Mecklenburg-Western Pomerania (IMKostVO M-V)
- Article 11 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)