Rules for marriage and the recognition of marriage

Marriage is a legal union of two persons multiple marriages are excluded. Since 2017, not only a man and a woman, but also people of of the same sex can marry each other. For civil partnerships between two people of the same sex established before October 1, 2017, the Civil Partnership Act (Lebenspartnerschaftsgesetz - LPartG) continues to apply. The marriage is subject to § Section 1303 of the German Civil Code (BGB) only persons of legal age permitted.

Further prohibitions on marriage are regulated by law in §§ 1306 to 1308 BGB. Foreign nationals who wish to enter into marriage in Germany may, under certain conditions, be prohibited from doing so under § 1309 BGB a certificate from the domestic authority of their home country stating that the marriage is not barred by the legal system of that country. impediment to marriage stands in the way of the marriage.

The marriage is solemnized by personal declaration of the spouses before a registrar as a so-called obligatory civil marriage. The details are regulated in §§ 1310 ff. BGB and Section 11 (2) sentences 1 and 2 of the Civil Status Act (PStG).

The marriage can be annulled by a court decision upon application if there are special grounds for annulment in accordance with Sections 1313 et seq. BGB, there are special grounds for annulment. If one of the spouses was under the age of majority when the marriage was entered into, the annulment of the marriage be granted. If one of the spouses had not yet reached the age of 16 at the time of the marriage, the marriage may be annulled in accordance with § 1303 sentence 2 BGB without the need for an annulment. The annulment of the marriage is to be granted in accordance with § 1315 BGB is excluded in special cases and must be dissolved in accordance with § 1317 BGB must be applied for in good time.

For further details regarding the marriage and the annulment of the marriage annulment of the marriage reference is made to §§ 1303 to 1320 BGB, §§ 11 to 16 PStG and §§ 121 ff. of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction - FamFG is referred to.

With regard to the legal effects of a marriage, numerous individual questions are affected. Reference is made to §§ 1353 to 1563 BGB and, in the case of divorce divorce Sections 1564 to 1587 BGB and the law on pension equalization.

Marriage under foreign law

If a marriage has been entered into abroad, the marriage upon application according to § 34 paragraph 1 PStG in the German marriage register if one of the spouses is a German citizen. The same applies in accordance with § 34 Paragraph 2 PStG if the marriage is concluded in Germany between two persons without German citizenship in accordance with foreign law, for example at an embassy or consulate.

In addition, the existence of a marriage can also be verified in accordance with Section 121 No. 3 FamFG in family court proceedings be established. Separate recognition of the marriage under foreign law is not required.

If a marriage has been divorced or annulled in an EU member state other than Denmark or if the existence or non-existence of the marriage has been established, this must be recognized without a separate procedure in accordance with Regulation (EC) No. 2201/2003 ("Brussels IIa Regulation"). The recognition can only be refused if one of the grounds for non-recognition specified in the Regulation applies. Decisions in matrimonial matters from other countries generally require recognition in a special procedure in accordance with Section 107 FamFG in order to be valid in Germany.

The procedure for separation and divorce The law applicable to separation and divorce is governed by Regulation (EC) No. 1259/2010 ("Rome III Regulation"), according to which the spouses can in principle choose the applicable law themselves from a limited number of legal systems. In the absence of a choice of law, the most important factor is the last common habitual residence of the spouses.

• § Section 1303 of the German Civil Code
• § Section 1303 sentence 2 BGB
• § 1309 BGB
• § 1315 BGB
• § 1317 BGB
• FamFG