Declaration on the use of names - Declaration on the use of names by spouses without a domestic marriage or marriage entry

Spouses can choose their own name in the marriage.

The following name declarations can be considered if the spouses are subject to German personal status:

• Marriage name determination (also after the marriage),
• Adoption of an accompanying name (prefix or suffix) and the
• Reassumption of the birth name.

The corresponding declaration must be made in person to the registry office.

Furthermore, the person making the declaration must have legal capacity; for persons with limited legal capacity, the provisions of Section 106 et seq. BGB apply to persons with limited legal capacity, and §§ 119 ff. BGB APPLY.

Declarations made after the marriage always require public certification or notarization.

Declarations of name are declarations of intent that require official receipt and only become effective once they have been received by the competent German registry office.

If there is no German marriage or marriage entry for the marriage, the registry office in whose jurisdiction one of the declaring parties has or last had their place of residence or habitual abode is responsible for accepting a declaration on the use of names in the marriage. If there is such a domestic connection, this jurisdiction applies if the marriage was concluded abroad and has not yet been subsequently notarized in a German marriage register. If there is no such domestic connection in the form of a domicile or habitual residence in Germany, the registry office I in Berlin is responsible.

The registry office will issue a certificate of the declaration on the use of the name.