Name declaration of spouses without domestic marriage or marriage registration

Spouses can arrange their own name. Under certain circumstances, this also applies if the marriage was contracted abroad and therefore no domestic marriage or marriage registration exists. To this end, the spouses can submit a corresponding declaration to a German registry office after the marriage. The registry office of the place of residence must check and confirm the validity of the declaration.

For spouses with a German personal statute, the following name declarations can be considered:

• Marriage name determination (also after marriage).
• Adoption of a companion name (prefix or addition)

For spouses with a foreign personal statute, other possibilities for name declaration may come into consideration under certain circumstances. Please contact the registry office of your place of residence in advance.

The declaration on the use of a name in marriage is made by the spouses in person at the registry office.

Only after the examination of the underlying facts by the registrar and the result that a declaration of name is possible, can the spouses choose to use their names

• according to the law of a country to which one of the spouses belongs, or
• according to German law, if one of you has his habitual residence in Germany.

The declaration on the use of the name can be certified by any German registry office. However, the validity of the declaration made is checked by the registry office in whose area of responsibility one of the declarants has or last had his or her residence or habitual abode.

If none of this applies, the registry office I in Berlin is responsible.

• The declarants must be married to each other.
• The corresponding declaration must be made to the registry office.
• The declarations must be made in person.
• The declaration can only be made by persons with legal capacity. Special regulations apply to persons with limited legal capacity and persons under guardianship.
• The declaration must be publicly certified or notarized.

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

Fees of €25.00 are charged for the certification or authentication of a name declaration. The issuance of a certificate on the declaration on the use of the name costs € 10.00.

There are no deadlines to be observed.

The processing time depends on the individual case.

If the registry office refuses your request to issue a certificate, you may file a motion with the appropriate court to order the registry office to issue the certificate to you.

In the case of declarations abroad, the certification and notarization authority of the German consular officials must be observed.

The text was automatically translated based on the German content per DeepL.

Thuringian Ministry of the Interior and Local Affairs

30.08.2022