Getting Married and Divorce in Germany

In Germany, only the civil ceremony at the registry office (Standesamt) is legally binding. Church or other religious weddings are optional and have no legal effect on their own. If you want both, you must complete the civil marriage first.

For two German citizens, paperwork is usually straightforward. When foreigners are involved, expect more steps: documents from your home country, apostille or legalization, and often sworn translations. Processing often takes several weeks after you submit everything.

The hardest document for many foreigners is proof that you are free to marry (Ehefähigkeitszeugnis). Not every country issues it. Start early. This guide also covers divorce (Scheidung), which has its own waiting periods and court process.

For address registration, see Anmeldung. For visas after marrying a German or EU citizen, see Family Reunification in Germany. For tax classes after marriage, see Taxes in Germany.

Civil marriage at the Standesamt

You book an appointment for marriage registration (Anmeldung zur Eheschließung), submit documents, pay a fee, and wait while the Standesamt checks everything. Once approved, you schedule the ceremony with two witnesses.

Minimum age. Since the 2017 reform (Section 1303 BGB), the minimum marriage age is 18 with no exceptions.

German couples: birth certificates (some Standesämter require documents no more than 6 months old), ID, proof of address (Anmeldung).

Foreigners: valid passport, residence permit or visa as required, birth certificate with apostille or legalization, sworn translation, and either an Ehefähigkeitszeugnis or an exemption from the regional court (Oberlandesgericht).

Previously married: final divorce decree or former spouse’s death certificate.

Documents and the certificate of no impediment

Ehefähigkeitszeugnis

This document proves you are legally free to marry. It is issued by your home country’s authorities.

Problem: many countries do not issue it, including the USA, UK, and many African and Asian countries. Most EU countries do issue it.

If your country does not: apply for an exemption at the Oberlandesgericht. You will usually need sworn statements, embassy letters, and time. Processing can take several months.

Gather foreign papers early: apostille or legalization, then sworn translations by a certified translator (beeidigter Übersetzer).

Ceremony options and name change

Standard ceremony at the Standesamt on a weekday during office hours. Usually short. Registry fees are typically €45 to €95 for the ceremony itself, varying by state and municipality.

Special venues (castles, parks, historic buildings) are offered by some cities for higher fees. Book well in advance.

Saturday ceremonies exist in some places, often for an extra charge.

Name after marriage. You choose during the paperwork:

• each partner keeps their own name
• both take one partner’s name
• one partner takes a double name with a hyphen

After the wedding, update passport, ID, bank, employer, insurance, and other records.

Same-sex marriage

Same-sex marriage has been legal since October 2017 with full equality. The process is the same as for different-sex couples.

If you had a registered partnership (Lebenspartnerschaft), you can convert it to a marriage.

After marriage

Tax classes. Married couples can switch to a more favorable combination, often III/V or IV/IV. This usually applies from the month of marriage. Apply at your local tax office (Finanzamt). Details are in Taxes in Germany.

Foreign spouses. Marriage to a German or EU citizen may help with residence through family reunification. Report your new civil status to the immigration office (Ausländerbehörde). Marriage to a German citizen can shorten the path to citizenship in some cases (confirm current rules with the office).

Get married at the Standesamt

1. Gather all required documents (see sections above).
2. Apostille or legalize foreign documents in the issuing country.
3. Get sworn translations of foreign documents.
4. Book an appointment at the Standesamt for Anmeldung zur Eheschließung.
5. Submit documents and pay the fee.
6. Wait for processing (often several weeks).
7. Receive confirmation that everything is in order.
8. Schedule the wedding date.
9. Attend the ceremony with two witnesses.
10. Receive your marriage certificate (Heiratsurkunde).

Divorce in Germany

Divorce generally requires a one-year separation (Trennungsjahr) and at least one lawyer. The family court (Familiengericht at the local Amtsgericht) finalizes the divorce. A simple agreed case often takes several months after filing. Cost depends on income and assets.

You cannot divorce without going to court. At least one spouse needs a divorce lawyer (Scheidungsanwalt). The other may go without a lawyer only in very simple, fully agreed cases, which is risky if anything is disputed.

If both agree on property, custody, and support, it is an amicable divorce (einvernehmliche Scheidung). It is faster and cheaper. Contested divorces can last years and cost much more.

Separation year and requirements

You must live separately for at least one year before filing. Living in the same apartment can still count if you lead separate lives (separate rooms, separate finances, no shared household duties). The court will ask detailed questions.

If one spouse refuses to divorce, three years of separation can allow the other to proceed.

Costs and lawyers

Fees depend on combined income and assets (Verfahrenswert). Court fees and lawyer fees both scale with that value.

An agreed divorce is much cheaper than a contested one.

Couples who agree on everything may share one lawyer, but that lawyer can only formally represent one spouse.

Low income: Beratungshilfe can cover lawyer advice; Prozesskostenhilfe can cover court fees.

What the court decides

Pension equalization (Versorgungsausgleich) splits retirement benefits earned during marriage. If you were married less than 3 years, equalization does not happen automatically. It only applies if a spouse requests it (Section 3 para. 3 VersAusglG). If you were married longer, equalization is mandatory unless both spouses agree to exclude it, which requires a notarized agreement (Section 6 VersAusglG).

Children: custody (Sorgerecht, usually joint unless serious issues), contact rights (Umgangsrecht), and child support (Kindesunterhalt).

If requested: spousal support (Ehegattenunterhalt), gain compensation (Zugewinnausgleich) for assets built during marriage, and division of household items.

Special situations

Hardship divorce (Ehegatten Scheidung wegen Härte): in extreme cases such as abuse or addiction, the one-year wait may be shortened. You need strong evidence and an experienced lawyer.

International couples: which country’s law applies depends on where you live. EU Rome III rules help, but cross-border cases need a specialist lawyer.

Religious divorce: a German civil divorce does not replace a Jewish get, Islamic talaq is not recognized, and a Catholic annulment is a separate process from civil law.

File for divorce

1. Separate from your spouse and start the Trennungsjahr.
2. Document the separation date (emails, lease changes, or a simple written note both sign).
3. After one year of separation: hire a divorce lawyer.
4. Lawyer files the petition with the Familiengericht.
5. Court serves papers on the other spouse.
6. Both complete asset and pension disclosure (Versorgungsausgleich forms).
7. Court schedules a hearing.
8. Attend the hearing (both spouses usually required).
9. Court pronounces the divorce.
10. Wait about one month for the divorce to become final (Rechtskraft).

Related pitfalls

Common mistakes to avoid

Short warnings linked to this guide. Each item highlights a costly or legal slip newcomers often make.

1. Underestimating divorce costs (Verfahrenswert)

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2. Failing to register a foreign marriage

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   A foreign marriage usually does not need to be "registered at the Bürgeramt" to exist legally, but the tax office and payroll setup may require proof and timely tax-class updates to apply married taxation correctly.