About Marriage Law in Germany
Marriage in Germany is governed by the German Civil Code (Bürgerliches Gesetzbuch). It is a legally binding contract between two individuals, regardless of gender. Couples must meet certain requirements to get married in Germany, including being of legal age (18 years old) and providing the necessary documentation.
Why You May Need a Lawyer
You may need a lawyer for various reasons when it comes to marriage in Germany. Common situations where legal assistance may be required include prenuptial agreements, divorce proceedings, child custody disputes, and issues related to property division.
Local Laws Overview
Some key aspects of local laws relevant to marriage in Germany include the recognition of both civil and religious marriages, the legal implications of getting married, divorce regulations, and child custody laws.
Frequently Asked Questions
1. How do I get legally married in Germany?
To get legally married in Germany, you must appear in person at a Standesamt (registry office) and provide the required documents, such as birth certificates, valid passports, and a Certificate of No Impediment.
2. Is same-sex marriage legal in Germany?
Yes, same-sex marriage has been legal in Germany since October 2017.
3. Can I get married in a religious ceremony in Germany?
Yes, you can have a religious ceremony in addition to the civil marriage ceremony, but the legal marriage must take place at a Standesamt.
4. How does property division work in case of divorce in Germany?
In case of divorce, assets acquired during the marriage are typically divided equally between the spouses, unless a prenuptial agreement states otherwise.
5. What are the grounds for divorce in Germany?
The main grounds for divorce in Germany are irretrievable breakdown of the marriage, living apart for at least one year, and cruelty or unreasonable behavior.
6. How is child custody determined in Germany?
Child custody in Germany is usually awarded to both parents jointly, with decisions being made in the best interests of the child.
7. Can I change my name after getting married in Germany?
Yes, you can choose to take your spouse's surname or a hyphenated version of both surnames. You must notify the Standesamt of your name change.
8. Do I need a prenuptial agreement in Germany?
A prenuptial agreement is not mandatory in Germany, but it can be helpful in specifying the division of assets in case of divorce.
9. Can I remarry in Germany after getting divorced?
Yes, you can remarry in Germany after getting divorced, but you must adhere to the legal requirements for marriage.
10. How can I dissolve a registered partnership in Germany?
To dissolve a registered partnership in Germany, you must file for dissolution at a court and follow the legal procedures for ending the partnership.
Additional Resources
For more information on marriage laws in Germany, you can consult the Federal Ministry of Justice and Consumer Protection or seek advice from a qualified family law attorney.
Next Steps
If you require legal assistance with marriage-related matters in Germany, it is advisable to consult a lawyer who specializes in family law. They can provide you with tailored advice and guidance based on your specific circumstances.
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