Why do you have to consummate marriage

Marriage - What you should know as a spouse

Civil marriage

In order to establish a legally effective marriage, the civil marriage indispensable. The church wedding alone does not constitute a civil marriage. The church only gives God's blessing. Just before the registrar the partners can express their will to marry (§ 1310 BGB).

Which registry office is responsible for my wedding ceremony?

If you want to get married in a civil ceremony, you have your intention verbally or in writing at a registry office, in whose area of ​​responsibility one of the spouses has their domicile or habitual residence. If none of the married couple has their place of residence or habitual abode in Germany, the registry office before which the marriage is to be concluded is for them Receipt of the registration responsible (§ 12 PStG).

What is the "prohibition of church advance marriage"?

Civil marriage (civil marriage) and civil marriage have been mandatory since the Civil Status Act of 1875. At the same time it was determined that the church wedding not before the civil marriage may take place. There was an express “prohibition of church pre-marriage”. This ban was only lifted on January 1, 2009. It is true that newlyweds can marry in church without having to justify the marriage beforehand or later at the registry office. However, that justifies purely church weddings have no rights and obligations according to the marriage law of the civil code. To avoid problems, the Protestant church In Germany, church weddings still only take place once the civil law marriage has been completed. The Catholic Church allows church weddings without prior civil marriage only in exceptional cases, if the responsible local bishop has given his permission.

Good to know:

If you manage to get married in church only, you are not establishing a legally effective marriage. Nor can you legally divorce this marriage. If you separate, both spouses have no entitlement to maintenance, pension or profit compensation. In this respect, it should be a command of reason to justify the marriage through the civil ceremony and then to obtain God's blessing.

How is the civil wedding prepared?

The wedding ceremony in front of the registrar requires preparation. In addition, the partners willing to marry have their own Register your intention to marry with a registrar. To clarify your identity and your personal status, the submission of Identification papers and birth certificate necessary. The registrar checks whether there are legal obstacles to the marriage (§ 13 PStG). If there are no complaints, the registrar must also against his personal assessment To get married and must not arbitrarily reject it.

What documents do I need for the wedding ceremony in front of the registry office?

You need:

  • To prove your birth one certified copy from the birth register. You can obtain this birth certificate from the registry office or leave the birth certificate in the Your parents' family register publicly notarize (e.g. at the residents' registration office).
  • A extended registration certificate of the municipalitywhere you have your main residence.
  • Valid identity card or passport.
  • If you are divorced, you will need the final divorce decree to be issued.
  • If you are widowed, you need them Death certificate of your lead spouse.
  • If you are a foreign citizen, you need this Certificate of marital status from your home country.

When can the registrar refuse the wedding?

The registrar must refuse the marriage ceremony if the marriage ineffective or revocable is. The right to annul the marriage is extensively regulated in §§ 1313 ff BGB. Reasons for cancellation are given in Section 1314 of the German Civil Code. Thereafter the marriage ineffective or revocable:

  • A partner is a minor. Then the marriage is ineffective. In order to prevent child marriages, each spouse must have reached the age of 18 and thus be of legal age. The previously existing exception that it was possible to get married at the age of 16 no longer exists.
  • One spouse was in the State of unconsciousness or temporary disorder of the mind (Example: In the TV film “The Bull and the Country Egg” Kilmer marries his colleague Kati Biever while completely drunk).
  • The spouse did not knowthat it was a marriage.
  • The spouse was through willful deception (e.g. partner claims he is single) or by threat or violence (Forced marriage) to get married. However, deception about the financial situation of the other is not a reason for annulment.

Good to know:

If a partner willing to marry is under supervision, it depends on whether he is able to understand the essence of marriage and to that extent freely decide whether he wants to marry or not. If the person being cared for is able to do so, he or she does not need the consent of the carer. However, the registrar has the duty to check the marriage legal capacity and is entitled to inspect the care files of the care court. Conversely, the guardianship court can also inform the registry office of an existing guardianship if it becomes aware that a legally incompetent custodian wants to marry and the marriage does not appear to be in line with interests.

Example: 35-year-old Hans wants to marry 85-year-old Hanna in the expectation that he will inherit her fortune. If the registrar doubts Hanna's legal capacity to marry, he can inform the guardianship court and suggest assistance.

What are the requirements for marrying a foreigner?

Want to marry a foreigner in Germany, he must meet the marriage eligibility requirements in his home country. To do this, he must give the registrar present a certificate of marital status. The certificate is no longer valid six months after it has been issued.

Can I also marry a relative?

The marriage law forbids marriage among relatives (§ 4 EheG). The purpose is to avoid potential genetic defects (hereditary diseases, risk of incest) in children from such marriages. The marriage ban concerns Blood relatives in a straight line (Parents - Child - Grandchild) as well full and half worthy siblings. The marriage ban also applies to adopted children and their adoptive parents and relatives.

Good to know:

If you want to marry your cousin, there are usually no problems. Cousins ​​are the children of siblings. Their children, in turn, are your second cousins. However, Catholic marriage law states that you may not enter into marriage with a first cousin (can. 1091 CIC), unless the Church grants you special permission. This fact only has an impact if you want to be married in a church. Otherwise your civil marriage takes effect before the registrar. Medicine rates the risk of incest from a cousin-cousin connection with approx. 3% (in comparison: incest risk with brother / sister is 30-50%).

What if I want to get married abroad?

You are free to choose where you want to get married. All that matters is that you have the Take into account the marriage requirements of the country concerned. Only then will your marriage abroad be recognized in Germany.

Good to know:

If your documents are in German, you must have the documents translated regularly. The translation should be carried out by a publicly sworn translator. Or, conversely, if you would like to have your marriage abroad recognized in Germany, you will need the marriage certificate, the authenticity of which you must have confirmed. This "apostille" is a form of certification in international document traffic. It confirms the authenticity of a document. In Germany, the president of the regional court responsible is responsible. Similar regulations are likely to exist in other countries.

What is the process of the wedding ceremony in front of the registrar?

The marriage is concluded when the partners declare in front of the registrar, wanting to marry each other. The partners must submit the declaration in person and in front of the registrar at the same time. You cannot be represented by your parents or siblings, for example. You can the Explanation either:

  • under one condition (spouse is able to father) or
  • a timing (we want to end our marriage after ten years at the latest) or
  • with a reservation (I only acknowledge the marriage if the church wedding takes place).

The registrar is supposed to Interview partners individuallywhether they want to marry each other. If both partners answer the question in the affirmative, the registrar declares the partners to be married. All of this should be done in a dignified form commensurate with the importance of marriage. At the request of a partner, the marriage can also in the presence of one or two witnesses as witnesses respectively. The registrar records the process in a log that the spouse, witnesses and registrar sign. Then the Entry of the marriage in the marriage register.

Good to know:

After the wedding, the spouses receive a “family record book” from the registrar. All data relevant to the registry office, i.e. marriage, deaths and the birth of children are entered in it. You should keep this log book well, as you will need the documents it contains again and again and you can have certified copies made of it more easily than if you had to use the registry office's archive. You will also need the register as proof of your marriage when you apply for a divorce.

What are the consequences of a civil marriage?

With the marriage, the legal effects of the marriage come into play, regardless of whether the spouses know the rights and obligations associated with them in detail, whether they expressly wish or reject them. What matters is in the law. What is in the law can largely Modified marriage contract and designed individually (Example: agreement on the separation of property instead of the statutory property regime of the community of gains).

What is the significance of a church wedding?

Marriage used to be religious. The Catholic Church saw marriage as an institution of divine law and claimed exclusive jurisdiction over marriage and dissolution. The religious character found its expression in the church wedding by a priest. The church wedding is not a prerequisite for the marriage at the registry office. Conversely, the church wedding is the only reason no legally effective civil marriage. Up until 2009 there was even a ban on church wedding ceremonies. Although the ban has been lifted, it has not changed anything in the practice, according to which the civil marriage precedes the church wedding. Insofar as the spouses value a church wedding, complete the civil wedding ceremony in a solemn and dignified manner and also have the opportunity to include a larger circle of relatives and friends in the celebrations.

Good to know:

Marriage among Christians is a sacrament in Catholic teaching. If a baptized person marries an unbaptized person as a Catholic, the Church refuses to accept the sacrament and only grants a natural marriage instead of a sacramental marriage. Since marriage is valued as a sacrament among Christians, it cannot be dissolved through divorce. If you are a Catholic yourself and you are getting divorced, you cannot remarry a Catholic. The only difference is if your spouse has died or your marriage has been declared invalid and a Catholic court annulled the marriage. According to the Protestant understanding of the church, the church wedding is a solemn confirmation of the civil and legal marriage before the registry office, where the bride and groom receive God's blessing and symbolically repeat the promise of marriage before God.