Best Marriage Lawyers in Lübeck

About Marriage Law in Lübeck, Germany

Marriage in Lübeck, Germany, is governed primarily by the German Civil Code (Bürgerliches Gesetzbuch, BGB), which applies throughout Germany. Lübeck does not have unique local marriage laws, but the city administers the legal process through its Standesamt (civil registry office). The process involves both civil (state) and, if desired, optional religious ceremonies. Civil marriage is the only legally recognized form of marriage in Germany; religious ceremonies do not have legal status unless preceded by a civil ceremony.

Why You May Need a Lawyer

While many couples are able to marry without legal complications, there are various situations in which legal advice can be invaluable in Lübeck:

• If one or both parties are foreign nationals, navigating residence permits, documentation requirements, or international law can be complex.
• When one or both partners have previously been married, issues may arise regarding divorce decrees or the legal recognition of documents from other countries.
• Establishing or modifying marital property regimes (e.g., community of accrued gains, separation of property) may require a notarized agreement and legal consultation.
• Legal advice is often necessary for prenuptial agreements, inheritance issues, or if there are children from previous relationships.
• Conflicts regarding family law topics such as parental rights, spousal maintenance, or custody arrangements may arise before or after the marriage ceremony.

Local Laws Overview

In Lübeck, as in the rest of Germany, the following legal aspects are particularly relevant when marrying:

• Legal Age and Capacity: Both parties must be at least 18 years old. Exceptions are rare and strictly regulated.
• Marriage Eligibility: Individuals must not already be married and must not be closely related by blood. Bigamy and incest are illegal.
• Civil Ceremony Requirement: All marriages must be officiated at the Standesamt (civil registry office) to be legally recognized.
• Required Documentation: Couples need valid identification, birth certificates, proof of residence, and, if previously married, divorce or death certificates.
• Name Change: Couples may choose a shared surname or retain their previous names; this choice must be declared at the time of marriage.
• Property and Finances: The default marital property regime is community of accrued gains (Zugewinngemeinschaft), unless parties opt for a different arrangement via notarized contract.
• International Elements: Additional documentation and legal requirements apply if either party is not a German citizen.
• Recognition of Foreign Marriages: Marriages conducted legally abroad may be recognized in Germany under certain conditions, but may require validation.

Frequently Asked Questions

What steps do I need to take to get married in Lübeck?

You must schedule an appointment with the Lübeck Standesamt, submit required documents (e.g., IDs, birth certificates, proof of residence), and have your eligibility for marriage confirmed. Once approved, you can set a wedding date for the civil ceremony.

Can we have a religious ceremony instead of a civil one?

Only civil ceremonies are legally recognized in Germany. Religious ceremonies are allowed, but only after the civil marriage has taken place.

What documents are required for non-German citizens to get married in Lübeck?

Documentation requirements vary by country of origin but typically include passports, birth certificates, proof of marital status, residence permits, and sometimes certificates of no impediment. Non-German documents usually require translation and apostille or legalization.

Do we have to live in Lübeck to marry there?

At least one partner must have residency in Lübeck or demonstrate a significant connection to the city in order to marry at the Lübeck Standesamt.

How long does the process take?

Processing times can vary but typically range from a few weeks to several months depending on document verification, especially when non-German documents are involved. Booking early is advised.

Can we change our surname after marriage?

Yes, German law allows both spouses to retain their own names, adopt one spouse's surname as a shared name, or combine both surnames with a hyphen.

Is a prenuptial agreement necessary?

Prenuptial agreements are not required but can be helpful to outline property and financial arrangements, especially in complex family or financial situations. A notary and legal advice are typically required for these agreements.

Will my marriage in Lübeck be recognized in my home country?

Recognition of marriages performed in Germany varies by country. You should consult with your home country's authorities or consulate to determine if additional steps are necessary.

What are the rights of same-sex couples in Lübeck?

Same-sex marriage has been legal in Germany since 2017, and all marital rights apply equally in Lübeck, including for adoption and property.

How can I get help if I face legal problems before or after marriage?

You can consult a family lawyer or the local legal advisory services in Lübeck for assistance with any legal issues related to marriage, separation, custody, or property matters.

Additional Resources

For further information and legal assistance regarding marriage in Lübeck, consider contacting or consulting the following:

• Lübeck Standesamt (Civil Registry Office): Handles all marriage registrations and legal requirements.
• Amt für Soziale Dienste (Office of Social Services): Provides family and marriage counseling services.
• Verbraucherzentrale Schleswig-Holstein (Consumer Advice Center): Offers legal advice on family and marriage issues.
• Lübeck Bar Association: Can help you find qualified family law attorneys.
• BAMF (Federal Office for Migration and Refugees): Information on marriage for non-German citizens.

Next Steps

If you require legal assistance regarding marriage in Lübeck:

• Gather all relevant documents: Identification, birth certificates, previous marriage or divorce documents, proof of residence, etc.
• Contact the Lübeck Standesamt: To clarify procedural questions and set an appointment for your legal marriage registration.
• Seek legal advice: For complex situations (international elements, prenuptial agreements, or prior marriages), consult a qualified family law attorney in Lübeck.
• Utilize government and local resources: Many public offices and organizations offer information and preliminary consultations.
• Prepare for your appointment: Ensure all documents are translated and certified as required, and be ready to answer questions regarding marital status and eligibility.
• Follow through on legal recommendations: Take any further steps advised by your legal representative, especially regarding property regime, immigration status, or family arrangements.