Kara Sears
Germany recognizes three forms of couples' relationships: marriage, registered partnership, and de facto partnership. German law does not recognize common-law marriage, but it does recognize non-marital cohabitation in some specific fields. For example, §563 of the BGB states that a partner who maintains a joint household with a tenant succeeds to the tenancy upon the death of the lessee. Additionally, §20 of the Sozialgesetzbuch XII includes provisions for both marriage and cohabitation. While Germany does not have common-law marriage, it does offer some legal recognition and protections for cohabiting couples.
| Characteristics | Values |
|---|---|
| Recognition of marriage | Germany recognizes marriages between persons of the opposite sex and same-sex couples. |
| Requirements for marriage | Marriage may only be contracted before a registrar. A religious ceremony is optional. |
| Common-law marriage | Germany does not recognize common-law marriage. However, non-marital cohabitation is partially recognized by law in some specific fields. |
| Registered partnership | Registered partnerships are available for same-sex couples who entered into the partnership before 1 October 2017. |
| Annulment | A marriage can be annulled if certain grounds are met, such as if one of the spouses was a minor at the time of marriage. |
| Prenuptial agreement | A prenuptial agreement requires notarization by German law. |
| Inheritance | The surviving spouse may not dispose of the property in a manner that contradicts the provisions in a joint will or contract on inheritance. |
| Maintenance | There is a mutual obligation for spouses to pay appropriate maintenance from the time of marriage, regardless of their roles or income. |
| Marital splitting | Married couples can choose to be assessed jointly for income tax purposes, which can result in tax savings. |
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What You'll Learn
- Marriage in Germany is a legal union between two people of the same or opposite sex
- German law does not recognise common-law marriage
- Non-marital cohabitation is only partially recognised in some specific fields
- Marriage must be contracted before a registrar, a religious ceremony is optional
- German law allows spouses to keep their names or choose a common married name
Marriage in Germany is a legal union between two people of the same or opposite sex
Marriage in Germany is regulated under the Civil Code. A marriage contract must be recorded by a notary and both parties must be present. The contract is not required to be registered for it to be valid, but if it is not, spouses cannot invoke it against third parties. Spouses can decide to apply another matrimonial property regime model provided by law, and they may terminate or alter the patrimonial property regime even after entering into marriage.
In Germany, a marriage may only be contracted before a registrar, and a religious ceremony is optional. Applications should be filed with the registrar's office in Germany where either party resides. If neither party has a residence in Germany, the registrar's office where the marriage should take place must be contacted.
German law provides several rights and benefits for married couples. Spouses can keep their names or determine a common marriage name. They may also make a joint will, and upon the death of one spouse, the other is the legal heir. Married couples also have tax advantages, such as the option of being assessed jointly for income tax purposes.
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German law does not recognise common-law marriage
- Marriage between persons of opposite and same sex.
- Registered partnership between persons of the same sex (only if entered before 1 October 2017).
- De facto partnership between persons of opposite and same sex.
Marriage in Germany is a legal union between two people, and it can only be contracted before a registrar. A religious ceremony is optional. German family and succession law regulate marriage under the Civil Code, while registered partnerships are subject to the Registered Life Partnerships Act.
While non-marital cohabitation is partially recognised by law in some specific fields, it does not constitute a common-law marriage. For example, §563 of the BGB foresees that a partner who maintains a joint household with a tenant succeeds to the lease upon the tenant's death. Additionally, §20 of the Sozialgesetzbuch XII contains provisions that refer to cohabitation. However, there are no general statutory rules applying to unmarried and non-registered partners.
German law also has specific requirements for marriage, such as the need for a "Certificate of No Impediment to Marriage" for persons not registered in Germany but marrying there. This certificate, called an "Ehefähigkeitszeugnis", states that the individuals are legally free to marry. Furthermore, German tax and social security laws provide certain advantages for married couples, such as the option of being assessed jointly for income tax purposes, which is not available to unmarried couples.
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Non-marital cohabitation is only partially recognised in some specific fields
Germany does not have common-law marriage. However, German family and succession law recognise three forms of couples' relationships: marriage, registered partnership, and de facto partnership. While there are no general statutory rules applying to unmarried (and non-registered) partners, non-marital cohabitation is still partially recognised by law in some specific fields.
For example, § 563 of the BGB states that a spouse or partner who maintains a joint household with the lessee (tenant) succeeds to the lease (i.e. tenancy) upon the death of the lessee. Additionally, there are provisions that refer explicitly to cohabitation, such as § 20 of the Sozialgesetzbuch XII.
The recognition of non-marital cohabitation in Germany may provide some rights and benefits to cohabiting couples, but it is not equivalent to the legal recognition of common-law marriage. It is important for couples considering cohabitation in Germany to understand their rights and responsibilities, and accessing this information can be challenging, especially if one does not speak German fluently.
In comparison to some other countries, such as Peru, where cohabiting couples may have similar rights to married couples after living together for a certain period, Germany does not appear to offer the same level of legal recognition to unmarried couples. Overall, while Germany does not have common-law marriage, it does provide some limited recognition of non-marital cohabitation in specific legal contexts.
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Marriage must be contracted before a registrar, a religious ceremony is optional
In Germany, marriage is a legal union between two people. Since 2017, marriages can occur between people of the same sex. German family and succession law recognise three forms of couples' relationships: marriage, registered partnership, and de facto partnership.
Marriage in Germany must be contracted before a registrar, and a religious ceremony is optional. Applications should be filed with the registrar's office ("Standesamt") in Germany where either party resides. If neither party has a residence in Germany, the registrar's office where the marriage should take place must be contacted. The appropriate civil registrar's office in Germany provides information on the required documents, and it is advisable to contact them in advance to ensure the marriage can take place on the intended date.
There is no common-law marriage in Germany. Non-marital cohabitation is only partially recognised by law in some specific fields. For example, tenancy law (§ 563 of the BGB) states that not only the spouse but also the partner who shares a household with the tenant succeeds to the lease upon the tenant's death. Additionally, some provisions refer not only to marriage but also to cohabitation (§ 20 of the Sozialgesetzbuch XII).
Registered partnerships are subject to the Registered Life Partnerships Act, but this is limited in application due to the Law of 27 July 2017. After this date, same-sex couples could enter into marriage, so it is no longer possible to register a new partnership. Foreign partnerships and partnerships entered into in Germany before 1 October 2017 are still valid. Registered partners can declare that they want to enter into a marriage under § 20a LPartG.
Marriage contracts must be recorded by a notary, and both parties must be present (§ 1411 of the BGB). Provisions departing from the default property regime may be recorded in a register, but registration is not required for validity. If the agreement is not registered, spouses cannot invoke it against third parties.
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German law allows spouses to keep their names or choose a common married name
In Germany, spouses can choose to keep their names or determine a common married name. This is known as a Namenserklärung, or "name declaration", and is an administrative process that must be completed by German citizens when getting married.
If a couple does not specify a shared married name, they will continue to use their original surnames. On the other hand, if they choose to adopt a common married name, they can either combine their last names or choose one spouse's surname as the shared name. However, according to German law, only one partner is allowed to have a double-barrelled name, and the other must keep their original surname. This is the case even if both spouses are German but were married abroad and chose to adopt a combined surname; upon returning to Germany, one spouse must revert to their original name.
For German citizens who get married abroad and change their name, a name declaration must be made for the new name to be recognised under German law. This involves sending the necessary documents to the embassy or consulate general before booking an appointment. If the marriage took place after 1 May 2025, the married name stated on the marriage certificate will automatically be deemed valid in Germany.
It is worth noting that German citizens who get married abroad are limited in their choice of married name. If they decide to change their surname, they can only take either spouse's birth surname or the surname held at the time of the marriage. Additionally, a name change ordered by a foreign court, such as a U.S. court, is not valid for German citizens.
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Frequently asked questions
No, Germany does not recognize common-law marriage. German family law recognizes three forms of couples' relationships: marriage, registered partnership, and de facto partnership. However, non-marital cohabitation is only partially recognized by law in some specific fields. For example, § 563 of the BGB states that a partner who maintains a joint household with a tenant succeeds to the lease upon the tenant's death.
In Germany, marriage may only be contracted before a registrar, and a religious ceremony is optional. All persons not registered in Germany but marrying there require an "Ehefähigkeitszeugnis," or a Certificate of No Impediment to Marriage, stating that they are legally free to marry.
While Germany does not have common-law marriage, there are some legal implications of cohabitation. For example, § 20 of the Sozialgesetzbuch XII recognizes cohabitation in some provisions that also apply to marriage. Additionally, German inheritance law recognizes the rights of cohabiting partners in cases of property and succession.
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