Declaration on the use of the name - Declaration on the use of the name of spouses without a domestic marriage or marriage entry

Source: Serviceportal Rheinland-Pfalz

Spouses can choose their own name.

The following name declarations can be considered if the spouses are subject to the German personal statute:

Determination of a married name (also after the marriage)
Adoption of a companion name (prefix or addition)
Reassumption of the birth name

The relevant declaration must be made to the registry office The declaration is personal.

Furthermore, the person making the declaration must have legal capacity; for persons with limited legal capacity, the provisions of § 106 BGB apply; for persons under guardianship, §§ 119ff BGB apply.

Declarations made after the marriage must always be officially notarized.

In Germany, notaries and any registrar appointed in Germany are responsible for notarization. In the case of declarations made abroad, the certification and authentication powers of German consular officials must be observed.

Declarations of name are declarations of intent requiring official receipt and 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 declaring parties has or last had his or her domicile or habitual residence is responsible for accepting a declaration on the use of names in the marriage. If there is such a domestic connection, this jurisdiction applies if the marriage was concluded abroad and has not yet been subsequently notarized in a German marriage register. If there is no such domestic connection in the form of a domicile or habitual residence in Germany, the registry office I in Berlin is responsible.

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.

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

Only after the registrar has examined the underlying facts and concluded that a name declaration is possible, can the spouses choose to use their names

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

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.

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

The declarants must be married to each other.

The corresponding declaration must be made to the registry office.

Declarations on marriage names must be made in person.

The declaration can only be made by persons with legal capacity.

The declaration must be publicly notarised.

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.

Identity 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).

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)

Declaration on the use of the name - Declaration on the use of the name of spouses without a domestic marriage or marriage entry

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