The following is a guest post by Laura Schmerkotte, a foreign law intern working with Foreign Law Specialist Jenny Gesley at the Global Legal Research Directorate of the Law Library of Congress.
In Germany, regardless of how romantic the proposal or lavish the celebration, a legally valid marriage can only be entered into before a civil registrar. The German legal framework defines who can marry, how a marriage must be concluded, and the rights and obligations that arise from it.
The rings. Photo by Flickr user Jason Pier in DC. Aug. 29, 2010. Used under CC BY-NC 2.0.
Constitutional Protection
Marriage and family are constitutionally protected by article 6, paragraph 1 of the German Basic Law (Grundgesetz, GG). According to the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG), article 6 not only safeguards marriage as an institution but also provides protection from state interference that would disrupt marriage and family. (BVerfG, docket no. 1 BvL 4/54.) Constitutional protections include the freedom to enter into marriage with a partner of one’s own choosing. (BVerfG, docket no. 1 BvR 636/68.)
Personal Requirements
According to section 1353 of the German Civil Code (Bürgerliches Gesetzbuch, BGB),”[m]arriage is entered into for life by two persons of different or the same sex”. ( Same sex marriage was legalized in Germany in 2017.)
Only adults over the age of 18 may enter into a legally valid marriage. (BGB, § 1303.) Before child marriage was banned in July 2017, minors over the age of 16 were allowed to get married if the family court granted a corresponding application. (BGB, § 1303, para. 2, old version.)
Hochzeit. Photo by Flickr user guanzii. Dec. 6, 2011. Used under CC BY-NC 2.0.
German Weddings
In 2024, almost 350,000 people tied the knot in Germany. Fewer Germans are deciding to get married in church, with 22,513 Catholic weddings in 2024, which is roughly half the number from 10 years earlier. Still, many Germans choose to celebrate their wedding in one of the numerous beautiful churches in Germany. German weddings often begin with the bride being walked down the aisle by her father. Later in the celebration, the couple opens the dance floor with their first dance, followed by the cutting of the wedding cake at midnight. A highlight for many guests is the bouquet toss, as it is believed that whoever catches it will be the next to marry.
However, these festive celebrations in a church or with another officiant are not sufficient to obtain a legally binding marriage. In Germany, couples must marry in front of a civil registrar for their marriage to be legally recognized. (BGB, § 1310, para. 1.) In contrast to particular states in the United States, German marriages do not require the presence of witnesses. While a religious ceremony does not have any binding legal effect in Germany, many couples choose to have one in addition to their civil wedding. That is why many German couples celebrate twice: the mandatory civil ceremony, often attended only by their closest family members, and a larger celebration in a church or another wedding venue.
Marriage Between Relatives
Marriage between close relatives is prohibited in Germany. Section 1307 of the Civil Code prohibits marriage between parents and children, grandparents and grandchildren, or between (half-)siblings. While in the United States, roughly half of the states prohibit marriage between first cousins, it is legally permitted in Germany. Marriage between an uncle or aunt and their niece or nephew is technically legal under German law, although such unions are extremely rare and widely regarded as socially inappropriate.
One Spouse Only
Similar to the Edmunds Act of 1882 in the United States, which criminalizes polygamy, German law likewise prohibits entering into multiple simultaneous marriages under both civil and criminal statutes. (BGB, § 1306; Criminal Code (Strafgesetzbuch, StGB), § 172.) A person who is already legally married and enters into another marriage may be punished with a prison sentence of up to three years or a monetary fine. (StGB, § 172.)
Rights and Obligations of Spouses
Marriage comes with rights and responsibilities. According to section section 1535, paragraph 1, sentence 2 of the Civil Code, “spouses are obligated to live together in a marital union; they bear responsibility for one another.” According to a brochure on marriage law published by the Federal Ministry of Justice, this means that spouses can expect “loyalty, respect, consideration, support, and domestic partnership” from their significant other. (Das Eherecht, Bundesministerium der Justiz at 1.2.) According to section 1356, paragraph 2 of the Civil Code, both spouses have the right to work. Before the passage of the Equal Rights Act in 1957, women were only allowed to work with their husbands’ approval.
The Bavarian Higher Administrative Court (Bayerischer Verwaltungsgerichtshof) ruled in 2021 that a marital union may remain intact even when the spouses maintain separate residences, provided that their personal and emotional bond continues to reflect the mutual support and commitment characteristic of a marital relationship.
In the end, every marriage is different and shaped by the individuality of two people who choose to spend their lives together.
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