Civil marriage with divorced or widowed partner

For the establishment of a marriage, the civil marriage ceremony is essential in German law.

When examining the so-called capacity to marry of foreign spouses (certificate of capacity to marry from the home country), it is important to determine whether there are any legal obstacles to marriage under the respective home country law of the foreign partner. The purpose of this examination is to prevent a marriage from being concluded in Germany that is invalid, annullable or void in the home country of the spouses.

The marriage is performed by a registrar as part of the civil marriage of two people.

The only exception is the marriage of two foreigners before a wedding officiant duly authorised by the government of the country of origin in the form prescribed by the law of that country, provided that one of the engaged couple is a national of that country.

• §104 BGB
• § 1310 BGB
• § 1312 BGB
• § 1896 ff. GERMAN CIVIL CODE
• § SECTION 1903 BGB
• Art. 13 para. 4 sentence 1 EGBGB
• § 6 PStG
• § 11 PStG
• § 13 PStG
• § Section 29 PStV
• Art. 14.1 ff. PStGVwV

• Proof of identity (identity card, passport, or suitable identification document)

• Registration of the intended marriage
• If the spouses do not speak the language, an interpreter must be brought along at the request of the spouses.
• The spouses must be of marriageable age.
• The parties to the marriage must have legal capacity (specifically, of course, legal capacity to enter into marriage).
• The parties to the marriage must be present in person
• Under German law, there must be no impediment to the marriage.

Before the marriage, the spouses must be asked whether there have been any changes in their actual circumstances concerning the marriage requirements since the registration of the marriage and whether they wish to choose a married name.

The marriage ceremony should be conducted in a dignified manner in keeping with the significance of the marriage. Witnesses are no longer mandatory under German law, but can still be involved.

The wedding ceremony takes place at a place designated (prescribed) for this purpose by the competent authority (registry office).

The legal marriage requires the legal capacity (especially natural capacity and capacity to contract marriage) of the parties to the marriage, which is checked by the registrar/registrar's office. The declarations of the spouses that they wish to enter into marriage with each other must be notarised in a record by the registrar following the marriage. The minutes must contain all the information to be notarised in the marriage register. It must be signed by the spouses, the witnesses and the registrar.

A marriage is also deemed to have been entered into if the spouses have declared their intention to marry each other.

Unit 210

II 210

• Marriage consummation with divorced or widowed partner in Mecklenburg-Vorpommern

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Responsibility lies with the municipality, the joint municipality and the city in which you are resident or ordinarily resident