International marriages

In an era of increasing global interconnectedness, the world is growing closer together. As globalisation progresses, modern means of transport and communications technologies are bringing people closer together, a fact which is also reflected by the growing number of “international” marriages.

There are many reasons why bi-national couples get married outside of Germany.

Moreover, many German couples wish to get married when on holiday, which often means abroad. While the glitz and glamour of Las Vegas, the romance of Venice or the tropical palms of a South Sea island beach may provide an unforgettable setting for a wedding, it is important to remember that marriage is, first and foremost, a legally binding contract that has a wide range of implications. In addition, a marriage abroad may be subject to additional requirements and possibly different legal effects.

No marriages at German missions abroad

It is not possible ot get married at a German mission abroad (embassy/consulate general).

Nowadays it is possible in most countries to be married by the local authorities or persons authorized to solemnize marriages. Binding information on the precise formalities can only be obtained from the local authorities or persons concerned.

If, in exceptional cases, it is not possible to get married in a particular country, you can, of course, get married in Germany at any registry office.

The necessary registration of an intended marriage in Germany is completed at the registry office at the German place of residence or habitual place of abode of one of the two spouses. Persons who do not have a place of residence or habitual abode in Germany must register their intended marriage at the registry office where the marriage is to take place.

Legal provisions relating to marriage

The German missions abroad issue updates on the law relating to marriage in their host countries on a regular basis. The Federal Foreign Office provides a summary of this information for selected target countries. The Federal Foreign Office provides information on its website concerning foreign law, for example, on the marriage of German nationals abroad.

However, legally binding information on the applicable regulations abroad governing marriage can only be provided by the competent authority abroad that is to conduct the marriage ceremony. We therefore strongly recommend contacting the authority directly. In particular, up-to-date information should be obtained regarding the documents to be submitted, any necessary translations and confirmations of authenticity.

The legal relationships of spouses

The place where the marriage takes place does not automatically determine which country’s laws are applicable to the various other legal relationships of spouses (e.g. name, property, custody of children). A separate examination is necessary in this regard, particularly in the case of spouses with different nationalities. It is always advisable to seek legal advice in advance, in the course of which a prenuptial agreement can also be drawn up if required.

Whether a German court or authority will apply German or foreign law depends on the provisions of private international law. The most important provisions of German private international law can be found in the Introductory Act to the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch). The wording of the provisions and other helpful explanations can be found in a brochure on international private law (in German) published by the Federal Ministry of Justice. This brochure is also available online. A brochure explaining German marriage law is also available on the website (in German). Further information on the subject of emigration and working abroad can be found on the website of the Federal Office of Administration.

Validity of the marriage

The question as to the validity of a marriage entered into abroad for the German legal sphere often arises as a preliminary question in connection with a decision on another administrative act (e.g. change of name, issuance of a visa, etc.). This preliminary question is usually responded to by the respective competent authority acting under its own responsibility.

A marriage entered into abroad can, as a rule, only be recognised if, at the time of the marriage, the substantive requirements for marriage (e.g. single, minimum age) were met by both spouses in accordance with their respective national law and if the law at the place of marriage was observed with regard to the form of the marriage.

“Registration” of a marriage entered into abroad is not required by German law. German citizens are therefore not obliged to apply to the relevant registry office for retrospective certification of a marriage entered into abroad in the marriage register (section 34 of the Civil Status Act).

It is thus possible for someone – although this cannot be determined on the basis of German civil status records – to nevertheless be validly married under German law. Any further marriage would be bigamous and could be annulled at any time upon the application of one of the three spouses or the competent administrative authority.

Proof of marriage with a foreign marriage certificates

A foreign marriage certificate proves that a marriage has been entered into abroad.

In some countries (e.g. the US and Canada), the couple is only given a provisional certificate (or a summary marriage certificate) after the ceremony. The marriage must subsequently be registered with the competent authority in order for a full extract from the register to be issued.

Foreign marriage certificates are often only accepted by domestic authorities or courts if their authenticity or evidentiary value has been established in a separate procedure. A range of internationally recognised rules of procedure have been developed for international documentation, which are set out here.