Life in Germany
April 03, 2023

Getting Married in Germany and Your Legal Status as a Foreigner

Being married in Germany affects an individual's legal status in a number of ways. Firstly, once married, an individual will be considered a legal resident in Germany, regardless of their nationality.

Eric Chappell

Operations Manager

It can be a complicated process, but with proper planning and understanding of the requirements, it can also be a beautiful and memorable experience.

First and foremost, it is important to note that Germany has specific requirements for couples looking to get married. Both partners must be at least 18 years old and not currently married or in a registered partnership. Additionally, any previous marriages or registered partnerships must have been legally dissolved.

Once these requirements have been met, the next step is to gather the necessary documents. This includes proof of identity, such as a passport or ID card, as well as birth certificates and, if applicable, divorce or dissolution papers. It is also important to note that these documents may need to be translated and certified by a German official. After all the necessary documents have been gathered, the couple must then visit their local city or town hall to give notice of their intent to marry. This notice must be given at least 6 weeks before the planned wedding date and can be done in person or, in some cases, online.

It is also important to note that in Germany, a civil ceremony must take place before any religious ceremony. This can take place at the city or town hall or at a designated location chosen by the couple. The civil ceremony will be conducted by a registrar and will include the exchange of vows and the signing of the marriage certificate. Once the civil ceremony is complete, the couple can then proceed to have a religious ceremony, if desired. It is important to note that the religious ceremony is not legally binding, but rather a symbolic and spiritual celebration of the marriage.

Another important aspect of getting married in Germany is the requirement for pre-marital counselling. This counselling is intended to ensure that the couple is fully aware of the legal and financial consequences of marriage. It is usually conducted by a trained counsellor or therapist and can take place in person or online. Lastly, it is important to note that while Germany recognises same-sex marriages, the process for getting married may vary depending on the state or region. It is important to research the specific requirements and regulations in the area where the wedding will take place.

Couples must first ensure that they meet the necessary requirements, gather the necessary documents, give notice of their intent to marry and participate in pre-marital counselling. It is also important to keep in mind that a civil ceremony must take place before any religious ceremony, and the process for getting married may vary depending on the state or region.

The legalities

Being married in Germany affects an individual's legal status in a number of ways. Firstly, once married, an individual will be considered a legal resident in Germany, regardless of their nationality. This means that they will be able to live and work in Germany without the need for a separate residence permit.

Secondly, married couples are also able to apply for family reunification, which allows non-EU family members of the EU spouse to join them in Germany. The application process can be lengthy, but it is possible for the non-EU spouse to obtain a residence permit.

Thirdly, married couples also have certain rights and responsibilities in terms of taxes. For example, they may file taxes jointly and may be eligible for certain tax benefits. Additionally, German law recognises community property, which means that any assets or debts acquired during the marriage will be considered jointly owned by the couple.

Lastly, marriage also affects the rights and responsibilities of couples in the event of a separation or divorce. German law recognises the concept of joint liability, which means that both partners are responsible for the debts and obligations accumulated during the marriage. Additionally, the court may order spousal support or the division of assets upon divorce. It is worth noting that Germany also recognises registered partnership for same sex couples, which has similar legal consequences as marriage, but there are some differences in terms of adoption, property rights and inheritance.

In summary, getting married in Germany grants legal resident status, the right to family reunification, tax benefits, and it also affects the rights and responsibilities of the couple in the event of a separation or divorce. It is important to be aware of the legal consequences of marriage and to seek professional advice if necessary.

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