Conclusion and dissolution of marriage with foreign nationals in Germany.
At present, there are no problems to make friends on the other side of the Earth and keep in touch with them daily. There is also a plethora of “electronic matchmakers” helping to find a life partner abroad. Not every acquaintance ends with a wedding and a change in the country of residence, but if you plan to create a family in Germany, you need to know some of the provisions and laws of Germany.
I would advise brides and foreign bridegrooms who do not live in Germany to get the necessary information in a timely manner, having consulted from the country of origin with a German specialist in family law speaking their native language, about all the nuances of the coming life in a foreign country and securing themselves for the future reliable advisor and advocate.
The main forms of the modern family in Germany are the following:
Official marriage & ndash; The marriage union registered in secular bodies of the government (with a wedding in church or without it).
One-sex partnership, officially registered or unregistered partnership.
Families with children from previous marriages of both partners (Patchwork-Familien).
Church marriage & ndash; now at the church marriage (kirchliche Trauungen) without registration in the Registry Office (Standesamt), in accordance with the changes in the Law on Civil Status (Personenstandsrecht), it is allowed to get married without presentation of the marriage certificate of the registry office.
Unregistered partnership & ndash; cohabitation without signing and not marrying (nichteheliche Lebensgemeinschaften, ehe & auml; hnliche Gemeinschaft), sometimes referred to as “civil marriage & raquo ;.
The number of unregistered cohabitation in Germany is growing, and such pairs are now largely equalized in rights with those registered.
Registered couples get the opportunity to choose one of the most materially beneficial combinations of taxation. As a result, more money remains in the family; married partners have the right to receive an additional pension in the event of the death of one of them. In addition, registered spouses have the legal right to refuse to testify against each other, unlike unmarried partners who are not legally considered members of the same family and are obliged to act as witnesses against each other if necessary.
In unregistered pairs, each of the working partners is taxed separately, has a first or second class of taxation, depending on the availability of their own children. To recipients of state aid in some form or another it is sometimes financially beneficial to officially consider themselves lonely. This applies both to the size of the allowances and to the size of the dwelling. The couple, leading a joint farm, is supposed to have a living space of about 60 (15×2 + 30) square meters, and two “single” raka & can lead & separate; & raquo; farm on an area of about 100 (15×1 + 30 + 15×1 + 30) square meters, having gathered in one apartment.
A foreigner can be married in Germany, as a rule, in the following cases: if at least one of the future spouses is a citizen of Germany or if at least one of the future spouses has a permanent place of residence (permanent residence) in Germany and permanently lives here.
Official marriages in Germany are allowed from the age of eighteen, but by decision of the court on family matters, earlier marriages are possible. The application (Anmeldung zur Eheschlie & szlig; ung) in the Registry Office (Standesamt) is served at the place of residence. If future spouses are adults of Germany, do not have children, have not previously been legally married, they must usually present the following documents: birth certificates (Geburtsurkunde); for those born in Germany & ndash; a current notarized extract from the Family Book of birth certificates (beglaubigte Abschrift aus dem Geburtsregister); identity card or passport (Personalausweise oder Reisep & auss; sse); an up-to-date certificate from the Office for Registration (Aufenthaltsbescheinigung des jeweiligen Einwohnermeldeamtes) & ndash; A special certificate indicating the marital status, citizenship and place of residence.
The divorcees also require an extract from the court’s decision on divorce; a certified extract from the book of marriage and family relations or a certificate of the previous marriage (beglaubigten Abschrift aus dem Familienbuch oder eine Heiratsurkunde der letzten Ehe), a court decision on divorce (Scheidungsurteil), widowers & ndash; the death certificate of the last spouse (Sterbeurkunde des fr Uhereren Ehegatten).
For the future spouse-foreigner, it is usually necessary to present a residence permit with the indication of the marital status and citizenship (Aufenthaltsbescheinigung mit Angabe des Familienstandes und der Staatsangeh oulkekeit), certificates on the ability to marry (Ehef & auml; higkeitszeugnis) and a certificate of marital status ( Bescheinigung des Familienstandes) issued in the country of origin. In Germany, for the processing of all documents required for marriage, there are visas designed specifically for bride and groom.
The registration of marriage in Germany between two foreigners can be associated with bureaucratic problems in connection with the need to provide multiple documents. In this case it is better to register at the consulate of your country, directly at home or in Denmark. The trip to Denmark is associated with additional costs and may last several days, but there are much fewer documents required. If the marriage is in another country, then, as a rule, it is recognized in Germany. If problems arise in connection with the legalization of marriage, as well as with children from previous marriages, etc., you can contact a specialist in family law.
For the spouses of German citizens to go through the process of family reunification is much easier than for the spouses of foreigners. If your spouse is a citizen of Germany and resides there permanently, then to obtain a residence permit your marriage must be recognized as valid (non-criminal), and you must continue to be a law-abiding citizen.
A foreigner who lives abroad in order to obtain a residence permit in Germany as a spouse of an alien permanently residing in the Federal Republic of Germany must still comply with all the requirements established by law, in particular, have sufficient living space, bear all expenses for the provision of his spouse, e.
There are two types of residence permits in Germany: Aufenthaltserlaubnis (permission to stay in Germany for a certain period) & ndash; Temporary residence permit (residence permit) and Niederlassungserlaubnis (permit for indefinite stay in Germany) & ndash; permanent residence permit – permanent residence in Germany.
A spouse of a German citizen is first issued a temporary residence permit (residence permit).
In the next issue & ndash; Part II. Dissolution of marriages with foreign nationals in Germany.
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