Namenserklärung in der Ehe bei fehlendem inländischem Personenstandseintrag

Under certain circumstances, married persons may also be able to use their name after the marriage abroad by declaration before a German registry office. The registry office issues a certificate of this.

Spouses can design their own name in marriage.

The following name declarations may be considered, provided that German personal status applies to the spouses:

• determination of married names (even after marriage),
• Adoption of an accompanying name (precedence or addition) and
• Re-adoption of the birth name.

The corresponding declaration must be made personally to the registry office.

Furthermore, the declarant must be legally competent; for persons with limited legal capacity, the regulations according to § 106 ff. BGB apply, for supervised persons §§ 119 ff. BGB.

Declarations made after the marriage always require public certification or certification.

Name declarations are declarations of intent requiring official reception, which only become effective after receipt by the competent German registry office.

If there is no German marriage or marriage entry for the marriage, the registry office in whose jurisdiction one of the declarants has his/her domicile or last had his/her habitual residence is responsible for receiving a declaration on the use of the name in the marriage. If there is such a domestic connection, this jurisdiction comes into play if the marriage was contracted abroad and has not yet been subsequently authenticated in a German marriage register. If there is no such domestic connection in the form of a domicile or habitual residence in Germany, the Standesamt I in Berlin is responsible.

The registry office issues a certificate about the declaration of name.

• identification document (identity card or passport),
• Marriage certificate, or certified extract from the marriage register
• with translation, apostille and, if necessary, content review. (To be determined in detail by the responsible registry office)

• The declarants must be married to each other.
• The corresponding declaration must be submitted to the competent registry office.
• Declarations under marriage name law must be made in person.
• The declaration can only be made by persons with legal capacity.
• The declaration must be publicly certified or notarized.

• 24,00 € for the certification or certification of a declaration on the use of a name in marriage
• 12,00 € for the issuance of a certificate of declaration of name

• The declaration on the use of the name in the marriage is made personally by the married persons at the competent registry office.

Only after the examination of the underlying facts by the registrar with the result that a name declaration is possible, the name of the spouses can be chosen.

1. in accordance with the law of a State of which one of the spouses is a national, or
2. under German law, if one of you has his/her habitual residence in Germany.

Case-by-case

None

Under certain circumstances, spouses may be able to use the name in the marriage, even after the marriage abroad by a declaration to a German registry office.

• The registry office in whose jurisdiction one of the declarants has his domicile or last had his domicile or his habitual residence, or
• the Landesamt für Bürger- und Ordnungsangelegenheiten - Standesamt I in Berlin

• The registry office in whose jurisdiction one of the declarants has his domicile or last had his domicile or his habitual residence, or
• the Landesamt für Bürger- und Ordnungsangelegenheiten - Standesamt I in Berlin