Non-German citizens can get married in Germany, whether to a German citizen or another foreign national. However, beyond being a cultural and symbolic union, marriage is also a legally binding contract, requiring specific formalities and inevitable bureaucracy to be performed. Depending on your nationality, spouse's nationality, and immigration status (e.g., permanent resident, visitor, etc.), other documentation may be required. In this article, we will explore the different cases, and we will guide you through the steps to what we wish for you to be a happy marriage!
Requirements for marriage in Germany
First things first, before you start considering marriage in Germany, a couple of requirements must be met. Both you and your partner must be at least 18 years old to be eligible for marriage in Germany. In some rare cases, 16-year-olds may get married with parental consent. Otherwise, parental consent will be required. Also, suppose you or your partner are not permanent residents of Germany. In that case, you must have resided in Germany for at least 21 days to be allowed to indicate your intention to marry before local authorities. It is highly recommended that you inform the local authorities if you intend to go back to your home country with your spouse later.
Registering your marriage in Germany
Registering your marriage in Germany begins with filing a request at the nearest Standesamt (magistrate's office), where one of the two partners is registered. In case you'd like to choose another location, your local Standesamt will transfer your application to the corresponding magistrate's office, where you can register up to 6 months in advance.
To notify the local authorities of your intention to marry, you need to pay the applicable fees and present the following documents in original, along with German transcribed and notarised copies. It's worth remembering, however, that each couple is different and it depends on their nationality, so speak to your local magistrate (at the Standesamt) to be sure of what you need:
- both partners' birth certificates (not older than 6 months);
- both partners' passports or EU ID cards;
- a non-objection certificate (Ehefähigkeitszeugnis), which you can obtain at your home country's embassy or consulate in Germany, which explains that there are no legal impediments for the person to get married;
- proof of residence (Aufenthaltsbescheinigung), where applicable;
- a divorce certificate in case of a previous marriage;
- your deceased spouse's death certificate in case of widowhood.
Good to know:
Generally, it is best to check with the local office which documents are needed and follow the list of documents they will provide you with. In principle, the copies you present must not be dated more than 6 months old. If one of the partners is not a German national, documents will be sent to the Oberlandesgerichtspräsident for verification.
The couple must appear in person at the magistrate's office. However, if one of the partners cannot make it, they can authorize the other partner to register their marriage. In the unlikely event that both partners cannot be present, they can send a representative to register their marriage — as long as they are able to give grave reasons for their absence.
If you or your partner are planning to change their name, now is the time to state what names you want to have after the marriage. For example, you can register a common last name, even though this is not obligatory under German law. In any case, if you haven't made up your mind yet, you can change your name after the marriage. Traditionally, the bride takes the groom's family name. However, it is the norm for many brides to keep their maiden name or opt for double family names nowadays. It is important to consider that changing your name means changing all your documentation and even contacting your previous educational institutions and banks. If you hurry to move to a different country, this might not be a convenient solution.
Important:
Registration procedures can take between 5 and 6 weeks, and you cannot get married until you have received a certificate of capacity to marry. Some of the required paperwork, such as the Ehefähigkeitszeugnis, may take more time, depending on your country of birth or that of your partner.
The civil wedding ceremony in Germany
Suppose the magistrate's office concludes that all the conditions for a marriage are met. In that case, you will be given the authorization to get married in the next 6 months and dates to choose from for your wedding day, which will take place in the registry office or another venue (e.g., town hall, church, cathedral, castle, etc.) of your choice. Some registry offices have special halls for special occasions and offer celebratory touches such as decoration, music, etc. Of course, you should bear in mind that some days, dates, and seasons (between May and September and on a Saturday) are more popular than others. Hence, if you are not that flexible, you should proceed with the registration of your marriage as soon as possible to avoid disappointment.
Important:
A civil registry (Standesamt) is required before a religious ceremony. The church may also require additional documents in advance, such as baptismal certificates.
Two witnesses are compulsory during the wedding ceremony. Since the ceremony will be conducted in German, you may have to hire a legal translator if you or your witnesses don't speak German.
Good to know:
Marriage registration with your home country's embassy or consulate is not mandatory but is still recommended for some nationalities.
Local customs in Germany
If you are getting married to a German, be prepared for various traditional customs, which may vary depending on the local region. There is, for example, Polterabend, when guests might smash porcelain cups and plates at your doorstep, expecting you to clean it up before the wedding for good luck. They might surprise the newlyweds with a log of wood to be sawn in half right outside the magistrate's office while throwing rice at you — again, for good luck. Another game is taking the bride to clubs and bars until the groom saves her before midnight. During the wedding reception, parents or friends usually give short speeches, which can be pretty formal.
A marriage contract in Germany
Of course, no newly married couple wants to think about separation. However, divorce is also part of life and is not that uncommon. Since divorce is already an unpleasant experience, a marriage contract — a notarised arrangement between the two spouses stating how income, inherited properties, compensations, etc. will be managed in the event of a divorce — can prevent many of the stresses.
Good to know:
A marriage contract can be conducted by a notary or a lawyer before or during the marriage (and before the separation).
Same-sex marriage in Germany
Between August 2001 and September 30, 2017, homosexual couples had the right to commit to a life partnership. Since October 1, 2017, same-sex couples can get married under German law, enjoying the rights of heterosexual married couples, such as financial support to family members (spouse and children), inheritance management, health insurance funds, a right to joint names, and a survivor's pension. Very importantly, married same-sex couples can adopt a child or children together or become the step-parent of their partner's child.
German citizenship after getting married
All European Union countries recognize a marriage that has taken place in Germany. However, you should enquire with your home country's embassy or consulate, if you come from a non-European Union country, regarding the validity of the German marriage in your home country. It may be required to follow a marriage registration procedure for your wedding in Germany in your home country. Getting married to a German national or to a foreigner who has a residence in Germany allows you to receive a residence in Germany based on your marriage.
You are eligible for German citizenship if you have married a German national. In fact, naturalization depends on your origin and the length of your stay in the country. Generally, after 2 years of marriage and 4 years of residence in Germany (and future unlimited right of residence), at least B1 German language skills (as a part of the naturalization), and sufficient financial means, you should be ready to apply. A clean police record and an oath of loyalty are further criteria.
You can then submit an application (Einbürgerungsantrag) at the integration offices, including:
- passport or ID and proof of residency with photocopies;
- passport pictures;
- birth certificate;
- marriage certificate or Familienbuch;
- proof of German nationality of your spouse;
- proof of financial means (payslips of the last 3 months, property, savings, pension schemes, etc.);
- language certificate;
- declaration of loyalty to the German basic law and compliance with the laws and directives;
- you will also have to pass a citizenship test (Einbürgerungstest).
Attention:
Check with your country of origin whether you are eligible to obtain dual citizenship, as not all countries accept dual citizenship, and if they do, not under all circumstances.
Useful links:
BW Service – Information on marriage (information is in German)
Capacity to marry certificate – Virtual application form
Federal Foreign Office (for marriages happening outside Germany)
Wegweiser zur Einbürgerung (information about the citizenship test is in German)
Other options for multi-national couples living in Germany
It won't surprise you to know that Germany is a very bureaucratic country. This also applies to marriage — especially if you're a multi-national couple. For some, it can be very expensive and stressful to fill out all the forms for the Ehefähigkeitszeugnis or have other documents officially translated.
A popular option for many couples in this situation is to cross the border and get married in Denmark. Like other countries, such as Gibraltar and Cyprus, the process is much easier. In fact, you only have to have an ID, be able to legally travel to Denmark, and fill out one (pretty extensive but nothing in comparison to the Ehefähigkeitszeugnis) form! It costs around €250 and is a lot less hassle for some couples than all the forms you need to have to get married in Germany.
We do our best to provide accurate and up to date information. However, if you have noticed any inaccuracies in this article, please let us know in the comments section below.
