Naming in marriage

Full text
The spouses can keep their existing names (separate names) or choose a joint surname (married name) at the time of the marriage or at a later date - there is no deadline for this. The spouses can choose the maiden name of one spouse, the family name of the spouse at the time of the declaration (e.g. a name actually used in a previous marriage) or a double name formed from the names of both spouses (with or without a hyphen).

If only one spouse's name is chosen as the married name, the spouse whose name does not become the married name may prefix or append an accompanying name to the married name. The accompanying name may be the birth name of this spouse or the surname of this spouse at the time of the declaration.

In addition, it is possible to use a married name in a form adapted to the gender if this is provided for by Sorbian tradition or the legal system of another state.

Children are given the married name of their parents. If the parents do not have a joint married name, they must decide at the birth of the first child whether the child should be given the name of one parent or a double name formed from the names of both parents (with or without a hyphen). This declaration then also applies to the other children.

Tip: There are many options when determining the name. In some cases, there are also special features to consider (e.g. for the naming of foreign spouses or if there are joint children born before the marriage). You should therefore seek advice from the registry office, especially in these cases.
Basis for action(s)
Required documents
- valid identity card or passport
- Marriage certificate, if applicable
Note: Additional documents may be required.
Costs (fees, expenses, etc.)
If you keep your previous name or choose a married name in connection with the marriage, there are no fees.

If you wish to determine a married name at a later date, the fee for the legalisation of name declarations is 35.00 EUR.
Procedure
When you get married, you make a declaration to the registrar as to which name you wish to use in future. If you wish to change your name at a later date, you can do so in person at the registry office. Marriage names are generally determined according to the name law of the country in which the person has their habitual residence. In addition, the spouses can choose their future name according to the law of the country to which one of them belongs or in which one of them has their habitual residence.
Notes (special features)
The person whose name has not become the married name may, by means of a declaration, prefix or append their maiden name or previous surname to the married name, provided the married name does not already have several members (accompanying names). If the maiden name or previous surname has several members, only one part can be added. This means that this person personally has a double name during the marriage. A later cancellation is possible.

Example: Mrs Elke Meier marries and takes the name of her husband, Müller. This marriage is later divorced. In a second marriage, Mrs Müller, née Meier, now marries Mr Anton Schmidt. If no name declaration is made at the time of the marriage, each spouse retains their previous name, i.e. Mrs Müller and Mr Schmidt remain the same. If the couple later wish to have a joint surname, a married name can still be determined retrospectively at the registry office. This declaration must be publicly notarised. The married name can be "Meier", "Müller" or "Schmidt". If, for example, the couple decides in favour of the joint surname "Schmidt" (which the children would then also receive), the wife - if she wishes to have a double name - could choose from the following combinations: Schmidt-Müller, Schmidt-Meier, Müller-Schmidt or Meier-Schmidt (each with or without a hyphen). If the wife's maiden name or actual name is chosen as her married name, the husband can be given a corresponding double name.

In addition, a double name formed from the names of both spouses can also be determined as the joint married name (= both spouses have a double name). The spouses could choose together from the combinations suggested above.
Author
II 310
Responsible office
- if the name is determined at the time of the marriage: the registry office before which the marriage is concluded
- If the name change takes place at a later date, the declaration must be officially notarised.
  In addition to the notary, any registrar is also responsible for this.
The registry office that keeps the marriage register in which the marriage is recorded is responsible for accepting the declaration.

Responsible departments

Public order office

Responsible employees