Marriage in Germany: Rights and Obligations

In order to get married in Germany there several are steps that have to be fulfilled. In Germany, marriage is open to opposite-sex and same-sex couples; registered civil partnerships concluded before October 2017 remain recognised, but new ones can no longer be registered. It is also allowed to marry, as a local citizen, with a person who has another nationality. Foreigners who want to get married in Germany have to present at their Embassy or the Consulate and then, to the local registry in order to start the legal formalities. The process can vary depending on the region and on the particular situation of the respective couple and, in this sense, it is advisable to receive legal representation from our German law firm. 

The definition of marriage in Germany 

In Germany, the definition of marriage refers to a legal union between two persons of different or the same sex (since 1 October 2017), which is protected by the provisions of the German Constitution. The procedure provides legal rights for the married couple in terms of taxation, pension schemes as well as adoption. 

Legal rights in a marriage in Germany  

It is important to know that the legal act of getting married in Germany provides essentially the same rights as an existing registered civil partnership. Those who choose to get married can benefit from tax reliefs, and registered civil partners have been treated the same for tax purposes since 2013.  

In the situation of a mixed marriage, where a foreigner marries a German citizen, the local legislation prescribes that the non-national individual does not automatically receive the German nationality. 

However, such persons can apply for a German citizenship and our German law firm can offer legal assistance on the legal steps that must be fulfilled. 

How to get married as foreigner in Germany  

Non-national citizens can get married in Germany without any minimum period of stay in this country; the marriage must be registered with the registry office (Standesamt) prior to the marriage formalities. The legal aspects must be completed within six months after the registry office approves the registration (the wedding must take place in that period). 

It is important to know that, once the marriage license was issued, the wedding is recognised in the country of origin of the married couple. An important aspect is that the country of origin is not relevant, as long as the persons are citizens of a member-state of the European Union. 

We invite those who want to receive in-depth assistance on the rights and obligations of a German marriage to contact our attorneys in Germany.