Best Marriage Lawyers in Giessen

About Marriage Law in Giessen, Germany

Marriage in Giessen, as elsewhere in Germany, is governed by the nation's civil law ("Bürgerliches Gesetzbuch", BGB) and local administrative procedures. To be legally recognized, a marriage must be conducted by a registrar (Standesamt) and entered into the civil registry. Religious ceremonies may be held but have no legal standing unless a preceding civil union has been registered. Both German citizens and foreigners can marry in Giessen, provided they meet the legal requirements.

Why You May Need a Lawyer

While many marriages proceed without legal complications, there are several situations where legal assistance is valuable or necessary, including:

• Clarifying the paperwork and requirements for international marriages or marriages involving non-German citizens.
• Preparing prenuptial agreements (Ehevertrag) to regulate property and financial matters.
• Assistance with issues related to family law, such as adoption of a spouse's child, parental custody, or inheritance.
• Advising on the recognition of marriages conducted abroad or registering foreign marriages.
• Handling complications arising from prior divorces, widowhood, or complex family circumstances.
• Representation in the case of disputes, separation, or dissolution of marriage (divorce).
• Ensuring compliance with residency and visa requirements for foreign spouses.

Local Laws Overview

Key aspects of marriage laws in Giessen include:

• Marriage Age: Both partners must be at least 18 years old.
• Registration: Marriage must be registered at the local Standesamt in Giessen.
• Documentation: Required documents often include passports or IDs, official birth certificates, proof of residence, and—if previously married—divorce or death certificates.
• Procedures for Foreign Nationals: Foreign partners may need to provide a certificate of no impediment (Ehefähigkeitszeugnis) from their country and may require certified translations of all foreign documents.
• Name Changes: Spouses can choose a common surname at the time of marriage but are not obliged to do so.
• Prenuptial Agreements: These can be drawn up to define property regimes, spousal support, or arrangements about children.
• Marriage Types: Only civil marriages are legally recognized. Religious ceremonies are optional and supplementary.
• Same-Sex Marriage: Legal and equal to opposite-sex marriage under German law.

Frequently Asked Questions

What are the basic requirements to get married in Giessen?

Both partners must be at least 18, not closely related, and free to marry (not currently married). Necessary documents must be submitted to the Standesamt.

Can foreigners get married in Giessen?

Yes. Foreign nationals can marry in Giessen but may need extra documents, such as a certificate of no impediment and certified translations of foreign paperwork. Consult the Standesamt or a lawyer for personalized guidance.

Do we need a prenuptial agreement?

A prenuptial agreement is not required but recommended in cases involving complex property or inheritance issues, international marriages, or self-employment. A lawyer can help draft an agreement tailored to your needs.

Is a religious wedding legally binding?

No. Only the civil ceremony at the Standesamt creates a legally recognized marriage. Religious ceremonies are optional and have symbolic value.

What costs are involved in getting married?

Costs vary depending on documentation, required translations, and options like extra ceremonies or prenuptial agreements. The Standesamt charges relatively modest fees for registration and the ceremony.

How do I register my marriage if I was married abroad?

You may apply to have your foreign marriage recognized in Germany by submitting documentation to the Standesamt. This often involves providing certified copies, translations, and in some cases, apostilles.

Can we change our names when we get married?

Yes. Couples may choose a common surname at marriage, retain their original names, or use a combination, within legal limits. Any name change becomes official upon marriage registration.

Are same-sex marriages allowed in Giessen?

Yes. Same-sex marriage is fully recognized and treated the same as opposite-sex marriage under German law.

What if I do not speak German?

If you do not speak German sufficiently, you may need a certified interpreter for the application and ceremony. Documentation may require certified translations.

What happens if one partner is not a German citizen or EU national?

Non-EU nationals may need to provide additional documents and may be subject to visa or residency requirements. It is advisable to consult both the Standesamt and an immigration lawyer.

Additional Resources

For further information and support, consider contacting:

• Standesamt Giessen: The city registry office handles all civil marriage procedures and can provide authoritative guidance on requirements and documents.
• Local Attorneys Specializing in Family Law: For drafting prenuptial agreements, navigating complex family or property issues, or handling international matters.
• Ausländerbehörde Giessen (Foreigners' Office): For non-German spouses, especially with regard to residency or visa issues.
• Legal Aid Offices (Rechtsantragstelle): For those who need legal assistance but may have limited financial resources.
• German Federal Ministry of Justice: For general information on family and marriage law in Germany.

Next Steps

If you need legal assistance with marriage-related matters in Giessen:

1. Contact the Standesamt Giessen early to confirm local requirements and gather necessary documentation.
2. If your situation involves international elements, previous marriages, or special legal considerations, arrange a consultation with a family law attorney in Giessen.
3. If language is a barrier, organize for a sworn interpreter to assist with communication and document translation.
4. Consider whether a prenuptial agreement is appropriate and seek legal advice for drafting and registration.
5. Prepare for any additional steps, such as visa applications or recognition of foreign documents.
6. Keep organized records of all correspondence, documents, and legal advice received to avoid future complications.