Submit a declaration on the name of spouses without a domestic marriage or marriage entry

Spouses can organise their own name.

The following name declarations can be considered if the spouses have German personal status:

• Marriage name determination (also after the marriage)
• Adoption of an accompanying name (prefix or suffix)
• Reassumption of the birth name

The corresponding declaration must be made to the registry office and is personal.

Furthermore, the person making the declaration must have legal capacity; for persons with limited legal capacity, the provisions of Section 106 BGB apply; for persons under guardianship, Sections 119ff BGB apply.

Declarations made after the marriage must always be officially notarised.

Declarations of name are declarations of intent requiring official receipt and only become effective after receipt by the competent German registry office.

If there is no German marriage or marriage entry for the marriage, the registry office responsible for accepting a declaration on the use of names in the marriage is the registry office in whose jurisdiction one of the declaring parties has or last had their domicile or habitual residence. If such a domestic connection exists, this jurisdiction applies if the marriage was concluded abroad and has not yet been subsequently notarised in a German marriage register. If there is no such domestic connection in the form of a domicile or habitual residence in Germany, the registry office 1 in Berlin is responsible.

The registry office will issue a certificate of the declaration on the use of the name.

• § Section 41 of the Civil Status Act (PStG)
• § Section 5 Ordinance on Civil Status (PStV)
• § Section 1355 of the German Civil Code
• § Section 1617c (3) of the German Civil Code (BGB)
• Art 10 (2) Introductory Act to the German Civil Code (EGBGB)

• Identity document (identity card or passport)
• Marriage certificate or certified extract from the marriage register
• with translation, apostille and, if necessary, verification of content. (To be determined in detail by the responsible registry office)

• The declaring parties must be married to each other.
• The corresponding declaration must be submitted to the registry office.
• Declarations under marriage law must be made in person.
• The declaration can only be made by persons with legal capacity.
• The declaration must be publicly notarised.

• The declaration of the name in the marriage is made personally by the married couple at the relevant registry office.

Only after the registrar has examined the underlying facts and concluded that a name declaration is possible can the spouses choose their name

1. under the law of a country to which one of the spouses belongs, or
2. under German law if one of you has his or her habitual residence in Germany.

• The registry office in whose jurisdiction one of the declarants has or last had his or her place of residence or habitual abode.

or

• State Office for Citizens' and Regulatory Affairs - Registry Office I in Berlin

Schönstedtstraße 5

13357 Berlin

Phone: 030 115