Use of a Name in a Marriage

Last name when a German and foreign spouse marry abroad

I. When two people marry in the Federal Republic of Germany, they can determine which last name they would like to use in the marriage.  The name thus determined will then be recorded in the marriage certificate.  If they do not determine a common family name, each spouse retains his/her current last name.

II. When two people marry abroad, they may not always have the opportunity to determine their married name because foreign provisions – as, for example, in most U.S. states – do not have comparable regulations, specifically both spouses do not have the same possibility to choose a last name.  This leads to the fact that in Germany the German spouse will retain the last name which he/she used at the time of the marriage (use of separate names).

The German law governing use of names does, however, grant the possibility of retroactively submitting a statement on the use of a name in a marriage in order to receive the desired name (e.g. a common last name).  This statement may be submitted at any time as long as the marriage exists.  The statement is irrevocable.

Choice of German Law:

When choosing German law, the last name of the man or woman, or the name of the man or woman at birth may be chosen as the married name.  In addition, the German wife/the German husband may place the previously used name (or the name at birth) in front of or behind the jointly chosen married name, in accordance with § 1355 IV of the German Civil Code.

Choice of Foreign Law:

You may also jointly choose the name according to the law of the country of which your spouse holds citizenship.  Should you decide in favor of foreign law, you will be subject to that law and may only take advantage of the options offered thereunder – to the extent available.

1.      Please carefully complete the application form “use of a name in a marriage” together with your spouse (please write legibly) and both of you sign the statement using your current last name (!) before a notary public, who must certify both of your signatures.  If you personally go to the German foreign mission responsible for you, you may have the signature certified there. The fee for the certification of your signature is 20 Euro and it is payable either  in cash (equivalent in US-$ according to the daily exchange rate) or by internationally accepted credit card (card will be charged in Euro, additional charges by the credit card company may apply).

- Please do not use capital letters only when you complete the form.

2.      Then return the application form with the following documents to your responsible German foreign mission:

-         certified copy of your passport and the passport of your foreign spouse (alternatively, his/her American birth certificate);

-         certified copy of your marriage certificate (the registry office I in Berlin needs the marriage certificate issued by the country recorder);

-         if applicable, copy of your divorce decree, or the death certificate of your previous spouse.

Your German foreign mission will forward the application and documents to the registrar in Germany, who will issue a certificate on the use of the new name.