Notarisation of a marriage abroad by a German registry office
Source: BUS Rheinland-PfalzProperly issued marriage certificates (marriage certificates) from abroad are generally recognized in Germany. There is no obligation for subsequent certification.
However, the subsequent entry in the marriage register can be advantageous because the local registry office can then issue you with a German marriage certificate. Any translations and notarizations of the foreign certificate will therefore no longer be necessary.
Validity of a marriage contracted abroad
German nationals can get married anywhere in the world. Marriages contracted abroad are also generally valid in Germany.
A marriage concluded abroad is valid in Germany if it was concluded in accordance with the laws applicable in the country and does not violate constitutional principles. Constitutional principles are violated in particular by so-called multiple marriages (i.e. several simultaneous marriages of one person). There is no formal recognition procedure, only a duty of notification on the part of the spouses. In Germany, the marriage must be reported to the residents' registration office in the place of residence.
In contrast to Germany, religious marriages are sometimes also possible abroad. Just like marriages performed by state authorities, these are also valid in Germany if this is possible under the law applicable in the country and the marriage was subsequently registered with state authorities. If you are planning a religious marriage, check with the diplomatic mission of the country in which you wish to marry.
You will receive a marriage certificate as proof of your marriage abroad. In principle, marriage certificates must be legalized by the German embassy in the country where the marriage took place. Legalization confirms the authenticity of the official seal and the signature of the certifying person on your marriage certificate.
Intergovernmental agreements exist with various countries so that legalization can be dispensed with. In these cases, an apostille is required instead. An apostille is an over-certification by the superior foreign authority.
Some countries have agreed with the Federal Republic of Germany that the apostille can also be waived, which means that the marriage certificate is recognized in the form issued by the competent authority.
As it is not possible to list for each country whether legalization or apostille is required, you should ask the registry office if in doubt.
Some countries also issue documents on international forms. These have the advantage that, among other things, the German language is also listed, saving you the cost of a translation. If the foreign authority does not issue an international marriage certificate, the document must be translated by a sworn translator who is registered with a court in Germany.
After the marriage has taken place abroad, an application can be made to the local registry office for the marriage to be subsequently certified. A marriage entry is subsequently made in the marriage register at the local registry office. A German marriage certificate can then be issued from this register for the marriage that took place abroad. This German certificate proves the marriage in addition to the foreign certificate and provides information about the name used in the marriage.
Keeping the name
In principle, every German who marries abroad retains their previous surname. When you return to Germany, you can ask your registry office about the name options for the marriage. However, if you have chosen a name when you get married abroad, this must be checked for validity under German law.