Description
Description
If your marriage took place abroad and is not recorded in a German marriage registry, you may, under certain conditions, determine your name for legal purposes in Germany by filing a declaration with a German civil registry office.
Provided that German name law applies to the spouses, the following name declarations are particularly relevant:
- Selection of a married name (even after the marriage has taken place). The following options are available:
- A spouse’s maiden name
- the surname currently used by one spouse
- A joint double surname combining the surnames of both spouses
- Adoption of an additional name to accompany the married name by placing it before or adding it to
- the maiden name or
- the name used at the time of the declaration determining the married name.
- Reassumption of the maiden name
The declaration must be made in person at the registry office. It may only be made by the person making the declaration.
Furthermore, the person making the declaration must have full legal capacity. For persons with limited legal capacity, the statutory provisions on representation under § 106 of the German Civil Code (BGB) apply. For persons under guardianship, §§ 119 et seq. of the German Civil Code (BGB) apply.
Declarations regarding a name made after marriage always require public certification.
In Germany, notaries and German civil registry officials are authorized to certify such declarations. Abroad, the certification and notarization powers of German consular officials must be observed.
Declarations regarding the use of a name are declarations of intent that must be officially received. They take effect only upon receipt by the competent German civil registry office.
If there is no German marriage registration for a marriage, the registry office within whose jurisdiction one of the parties making the declaration resides, last resided, or has their habitual residence is generally responsible for receiving a declaration regarding the use of a name in the marriage. This jurisdiction applies in particular if the marriage was contracted abroad and has not yet been registered in a German marriage registry.
If there is no domestic connection in the form of a residence or habitual residence in Germany, the Civil Registry Office I in Berlin has jurisdiction.