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28/04/2011Marriage and divorce in Germany

Marriage and divorce in Germany Love and paperwork might be a better way of describing the institution of marriage in Germany. We set down a few markers for finding your way through the bureaucratic maze to wedlock.

Falling in love is often the easy part. It’s the paper war that follows as you prepare to tie the knot, which can really a test relationship.

So, how to get married? That depends on which country you come from. German law regarding marriage partly depends on the law of your home country.

Either contact your embassy to find out what documents are necessary or go to your local Standesamt (Registrar’s Office), normally located in the local Rathaus. They can tell you what you need to do.

You can also apply for Aufenthaltserlaubnis (residence permit) with your marriage certificate.

A lot of forms have to be filled in before the happy day


If you come from a country that requires you to get a certificate of non-impediment, then the German process is fast. Apply to your country for the certificate.

If you come from a country that requires different documentation, then things can go at a much slower pace. It should be pointed that, like many things in Germany, marriage is very much on a state basis and the states often have different rules about what pieces of paper they want to see.
   

Recognition of gay relationships

The institution of marriage in Germany has undergone something of a revolution in recent years with the arrival of so-called gay marriages, which was an attempt by the nation’s Social Democrat-Green Party coalition government to bring gay relationship into line with straight couples.

Gay marriages are officially known an Eingetragene Lebensgemeinschaft (registered partnership).

However, conservative lawmakers in parliament have refused to accept provisions of the gay marriage law, so in the end it falls short of equality with straights, especially in regard to taxation.

But it does provide key rights such as relating to hospital visits and taking over apartments in the event of the death of one partner.

The law is also important for gay foreigners who wish to live in Germany. A piece of paper saying you are a part of an ‘Eingetragene Lebensgemeinschaft’ can guarantee an unlimited residence permit (unbefristete Aufenthaltserlaubnis) and help with arranging a work permit.

A word of warning: because of the conservative opposition to the new law, gay marriages are often not applicable in states with conservative governments.

Either way, before taking that final step into marital bliss you should arrange (especially if entering an Eingetragene Lebensgemeinschaft) for a document to be drawn up by a lawyer, which sets out your financial status and financial claims on your partner.

Bringing up the subject might take some of the romance out of shacking up with someone, but it could be useful if the marriage does not all go according to plan.

Divorce

While on the subject of things turning pear shaped, the sole ground for divorce in Germany is disruption of conjugal relationships to the point where it is not expected that the spouses will restore the matrimonial relationship.

Parties must be separated for at least one year before a divorce will be granted.  If the spouses were separated for at least one year and both parties agree to the divorce, it is presumed that the marriage is irreconcilably broken.  After a separation of at least three years, it is presumed that the marriage is irreconcilably broken, even if a spouse opposes the divorce.

What you need

With that all sorted out, here is a list of some of the documents you will probably need to make your way through the bureaucratic maze of marrying.

  • Birth certificate with certified translation if certificate is not in German.
  • Marriage certificate of parents with certified translation if document is not in German. (This is not required if the details are set out in your birth certificate.)
  • Proof of residence in Germany. (Polizeiliche Anmeldebestätigung – see How to get a residence permit.
  • Proof of citizenship. (Passport or in the case of members of the military a statement of citizenship if often required).
  • Certificate to prove there is no hindrance to your marriage.

When you have all your necessary papers, they must be sent to the Oberlandesgericht in Karlsruhe for processing, which usually takes about three weeks. When your papers are returned and you have permission to marry, you can make your appointment at the Standesamt.

There is another less bureaucratic to cement your romantic life in Germany. If your German/resident partner will sign a guarantee saying they will support you during times of economic stress you will be able to apply for Aufenthaltserlaubnis.

 

Updated on April 2011 by Marco Dilenge, Regional Marketing Manager Continental Europe of Crown Worldwide Group, the parent company of Crown Relocations.

 

Legal issues? Ask our lawyer on our Ask-the-expert section.

 


18 reactions to this article

Pedro posted: 2008-09-26 14:32:49

Hi,
Im Argentinian guy and legally married with a German guy in Munich. We have been married for almost 2 years. I have a visa till 2010 (three years visa). After 2010 I m suppossed to get my permanent residence in Germany.
My question is : If we decide to separate and live in different appartments, how does it work with my permanent residence in 2010 ? Do I loose it ? Im employeed here since I arrived. In case I change my visa from family reunification to work permit, do I still get my permanent residence in 2010 ?
Please advice me,
Appreciate you feedback,
Thanks a million,
Pedro

david posted: 2010-11-19 00:38:23

hi there pedro, I cant help you with your question, but i was hoping to hear how you went now its 2010, i am looking to move from Australia into germany with my boyfriend and get married there, he is australian and i have a U.K/Australian duel citizneship. I was wondering how you went with your perminent recidence, i am hoping for my boyfreind to be able to stay and also get tempory residence. I hope you can help me.. sorry to bother you.. xox David from Australia

William posted: 2010-12-06 04:42:50

I hope I'm not the only person to have noticed that the last time that this article was updated in "November 20010" no i did not do any typos because the "November 20010" was a copy and paste.... check it out if you dont believe me its two lines under the part where you can apply for a Aufenthaltserlaubnis.

EditorDE posted: 2011-04-20 17:13:33

Thanks for pointing out the date typo: fixed now and we'll be updating this article fro 2011 by the 23 April 2011.

If anyhow has any legal questions, you can now ask our legal expert at the Ask-the-expert section under 'immigration':http://www.expatica.com/de/ask_expert/expert/alexander-baron-von-engelhardt.html

Hope this helps,
Editor DE

tony posted: 2011-06-01 08:52:58

Hello!
can you pls post an article about the law about womens right if you are married to a german. Thanks so much

Editor DE posted: 2011-06-01 23:23:37

Thanks for your request. For a quicker response, you can visit our Ask the expert section and ask our lawyer under the immigration category at
http://www.expatica.com/de/ask_expert/expert/alexander-baron-von-engelhardt.html
Hope this helps!
Best,
Editor DE

mrs.naz fatima posted: 2011-08-19 22:51:25

hello i am living in pakistan my husbend is german national but after marriage i come to know he is already married there please give me suggestion how i can claim my rights becouse he is not ready to leave his first wife i am living alone in pakistan and wants my rights being his wife

zaka posted: 2011-08-29 23:41:15

http://www.scribd.com/doc/62004205/Curriculum-Vitae-Sample

Leah posted: 2011-11-20 08:22:21

Hi, Im a Filipina, married to German. We got married here in the Philippines last 2008 but stayed here since 2007. But we are separated for more than a year now and we agreed to end up the marriage by filing a divorce in Germany. Is it possible to file the divorce in Germany even if my German husband is already living here in the Philippines since 2007 until now and he have his permanent visa here already? Can it be also that his lawyer can work for the divorce by just sending to his lawyer in Germany all the documents needed for the divorce even if we both are in the Phil.? What documents do we need for the divorce in our case that I am a Filipina? And about his 13a non quota visa (permanent visa) here, will that be affected in case we are already divorce? Please give me more informations about my querry... Thank u in advance

farida posted: 2012-01-01 16:28:18

Hi.i am farida from pakistan , i need some help about my doughter who
was born in germany but she came back pakistan with me and her father but after this
her father laft us pakistan and go back to germany and divorced me .the age
of my doughter was that time just 13 Month so i need your advice for my
doughter's German rights.

Thanks

Mc Cartney posted: 2012-01-04 19:21:59

Hi, I'm Mc Cartney from malaysia, work in Singapore currently. I have a bf from Germany. We plan to marry and he want me to move over. So may I know what should I do on my part and I don't speak German. Please give me an advise....

Thanks

Michael posted: 2012-01-27 22:24:14

@farida - If your child was born within the marriage your daughter is a German citizen. She must have a German passport - otherwise you would have travelled to Pakistan ? - Contact the nearest German Embassy with your marriage certificate and the Birth Certificate from your daughter. - With a GERMAN child you'll have also the right to stay in Germany.
@Mc Cartney - contact the nearest German embassy and the Goethe Institut. You have to learn German to A Level - thats requirement for family reunion

Sam posted: 2012-02-08 11:12:18

HI plz tell me what rights i will be able to get as man and man partnership, I'm from Asian county and he is from Germany?

lani posted: 2012-02-08 15:18:01

hi, what are the documents given after a a marriage solemnized in another country but divorced in germany?

Agnes posted: 2012-02-12 14:16:44

Hi I would like to check with you that me and my partner are from Asia country and we would like to have the gay marriage in Germany . What's the process i should do? What's the document i should prepare? Please advice. Thanks.

ruelito d. faytaren posted: 2012-03-21 11:08:20

does we have a legal translator here in the philippines, because my fiancee divorced paper is written in german, can she do it here , where can we go and how much will it cost here, kindly help us, thanks

Kayla posted: 2012-04-27 20:53:53

Hi,

I live in Canada and my bf lives in Germany he's in a student ex-change program. we want to get married and then i'll sponsor him. I would like to know what would be the laws for getting married? Cause I have been told that the registry is going to take about 7 months. that's very long. Isn't there any other way? Thanks in advance!

Sara posted: 2012-05-04 00:37:13

hi i live in Maroc and want marry Man from Germany ! I Want know Please what the law in that's mix situation and what i will need of the Paper. Thank's for Answer!

Add a comment

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18 reactions to this article

Pedro posted: 2008-09-26 14:32:49

Hi,
Im Argentinian guy and legally married with a German guy in Munich. We have been married for almost 2 years. I have a visa till 2010 (three years visa). After 2010 I m suppossed to get my permanent residence in Germany.
My question is : If we decide to separate and live in different appartments, how does it work with my permanent residence in 2010 ? Do I loose it ? Im employeed here since I arrived. In case I change my visa from family reunification to work permit, do I still get my permanent residence in 2010 ?
Please advice me,
Appreciate you feedback,
Thanks a million,
Pedro

david posted: 2010-11-19 00:38:23

hi there pedro, I cant help you with your question, but i was hoping to hear how you went now its 2010, i am looking to move from Australia into germany with my boyfriend and get married there, he is australian and i have a U.K/Australian duel citizneship. I was wondering how you went with your perminent recidence, i am hoping for my boyfreind to be able to stay and also get tempory residence. I hope you can help me.. sorry to bother you.. xox David from Australia

William posted: 2010-12-06 04:42:50

I hope I'm not the only person to have noticed that the last time that this article was updated in "November 20010" no i did not do any typos because the "November 20010" was a copy and paste.... check it out if you dont believe me its two lines under the part where you can apply for a Aufenthaltserlaubnis.

EditorDE posted: 2011-04-20 17:13:33

Thanks for pointing out the date typo: fixed now and we'll be updating this article fro 2011 by the 23 April 2011.

If anyhow has any legal questions, you can now ask our legal expert at the Ask-the-expert section under 'immigration':http://www.expatica.com/de/ask_expert/expert/alexander-baron-von-engelhardt.html

Hope this helps,
Editor DE

tony posted: 2011-06-01 08:52:58

Hello!
can you pls post an article about the law about womens right if you are married to a german. Thanks so much

Editor DE posted: 2011-06-01 23:23:37

Thanks for your request. For a quicker response, you can visit our Ask the expert section and ask our lawyer under the immigration category at
http://www.expatica.com/de/ask_expert/expert/alexander-baron-von-engelhardt.html
Hope this helps!
Best,
Editor DE

mrs.naz fatima posted: 2011-08-19 22:51:25

hello i am living in pakistan my husbend is german national but after marriage i come to know he is already married there please give me suggestion how i can claim my rights becouse he is not ready to leave his first wife i am living alone in pakistan and wants my rights being his wife

zaka posted: 2011-08-29 23:41:15

http://www.scribd.com/doc/62004205/Curriculum-Vitae-Sample

Leah posted: 2011-11-20 08:22:21

Hi, Im a Filipina, married to German. We got married here in the Philippines last 2008 but stayed here since 2007. But we are separated for more than a year now and we agreed to end up the marriage by filing a divorce in Germany. Is it possible to file the divorce in Germany even if my German husband is already living here in the Philippines since 2007 until now and he have his permanent visa here already? Can it be also that his lawyer can work for the divorce by just sending to his lawyer in Germany all the documents needed for the divorce even if we both are in the Phil.? What documents do we need for the divorce in our case that I am a Filipina? And about his 13a non quota visa (permanent visa) here, will that be affected in case we are already divorce? Please give me more informations about my querry... Thank u in advance

farida posted: 2012-01-01 16:28:18

Hi.i am farida from pakistan , i need some help about my doughter who
was born in germany but she came back pakistan with me and her father but after this
her father laft us pakistan and go back to germany and divorced me .the age
of my doughter was that time just 13 Month so i need your advice for my
doughter's German rights.

Thanks

Mc Cartney posted: 2012-01-04 19:21:59

Hi, I'm Mc Cartney from malaysia, work in Singapore currently. I have a bf from Germany. We plan to marry and he want me to move over. So may I know what should I do on my part and I don't speak German. Please give me an advise....

Thanks

Michael posted: 2012-01-27 22:24:14

@farida - If your child was born within the marriage your daughter is a German citizen. She must have a German passport - otherwise you would have travelled to Pakistan ? - Contact the nearest German Embassy with your marriage certificate and the Birth Certificate from your daughter. - With a GERMAN child you'll have also the right to stay in Germany.
@Mc Cartney - contact the nearest German embassy and the Goethe Institut. You have to learn German to A Level - thats requirement for family reunion

Sam posted: 2012-02-08 11:12:18

HI plz tell me what rights i will be able to get as man and man partnership, I'm from Asian county and he is from Germany?

lani posted: 2012-02-08 15:18:01

hi, what are the documents given after a a marriage solemnized in another country but divorced in germany?

Agnes posted: 2012-02-12 14:16:44

Hi I would like to check with you that me and my partner are from Asia country and we would like to have the gay marriage in Germany . What's the process i should do? What's the document i should prepare? Please advice. Thanks.

ruelito d. faytaren posted: 2012-03-21 11:08:20

does we have a legal translator here in the philippines, because my fiancee divorced paper is written in german, can she do it here , where can we go and how much will it cost here, kindly help us, thanks

Kayla posted: 2012-04-27 20:53:53

Hi,

I live in Canada and my bf lives in Germany he's in a student ex-change program. we want to get married and then i'll sponsor him. I would like to know what would be the laws for getting married? Cause I have been told that the registry is going to take about 7 months. that's very long. Isn't there any other way? Thanks in advance!

Sara posted: 2012-05-04 00:37:13

hi i live in Maroc and want marry Man from Germany ! I Want know Please what the law in that's mix situation and what i will need of the Paper. Thank's for Answer!

Add a comment
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