In the context of increasing globalisation, it is becoming increasingly common for couples of different nationalities to meet and wish to marry. While a wedding in Germany is conducted in accordance with German regulations, it is important to note that this does not necessarily imply that only German law applies to the newlyweds. The legal system of the home country of the foreign spouses may lead to different regulations, for example with regard to names or custody law. Additionally, it is possible to conclude the marriage according to foreign law.
Legal questions are discussed at the marriage application appointment (Anmeldung), where a sworn interpreter must be present.
Prerequisites for marriage
In principle, both spouses must meet the requirements for marriage in their respective home countries. These include, for example, being of legal age and proof that there are no impediments to marriage. In most cases, the following official documents are required
- a valid identity card/passport/identity card
- birth certificate
- residence certificate from the residents' registration office, not older than four weeks (a simple confirmation is not sufficient)
- certificate of no impediment to marriage/single status from the home country. If your home country does not issue such certificates, you can apply for an exemption from the President of the Higher Regional Court.
Certificates and documents in a foreign language must be translated into German and certified by a sworn translator. Depending on the country of origin, a legalisation or apostille may also be required. This also applies to German citizens born abroad.
When translating these documents, it is particularly important to ensure the necessary precision. This also requires the translator to have the appropriate knowledge. For example, the translator must be able to distinguish between a certificate of descent and a birth certificate, as well as between a final divorce decree and a final and absolute divorce decree. The translator must also know what requirements must be met in other countries in order to correctly interpret a US marriage certificate, for example. This also requires research in order to achieve a result that meets all official requirements.
Residence
Since the spouse does not automatically become a German citizen through marriage, there are also aspects of residence law to be considered. Marriage entitles the spouse to a residence permit, which is usually limited to three years. The basic requirement for this is that the spouse's main residence is in Germany. After three years, the foreign spouse receives a settlement permit (permanent residence permit) if the legal requirements for integration into German society are met. If the marriage has lasted at least two years, the foreign spouse has the option of applying for naturalisation in order to acquire German citizenship.
All documents relating to marriage, residence and citizenship are official documents and must be translated by a sworn translator. You can find more information about sworn translations here.
Request a certified translation of your document here now:
Legal Disclaimer
All content on legal topics provided on this website is for informational purposes only and should not be construed as legal advice. All information is provided to the best of my knowledge and belief. However, no liability can be assumed for any information.