Submit a declaration regarding the use of a name - Declaration regarding the use of a name by spouses without a domestic marriage or marriage registration

Spouses can choose their own surname.

The following name declarations are possible, provided that German personal law applies to the spouses:

• Determination of surname after marriage (also after the marriage ceremony)
• Adoption of an accompanying name (prefixing or addition)
• Resumption of birth name

The corresponding declaration must be submitted to the registry office. The declaration is strictly personal.

Furthermore, the person making the declaration must be legally competent; for persons with limited legal capacity, the regulations according to § 106 BGB apply, and for persons under guardianship, §§ 119ff BGB apply.

Declarations made after the marriage ceremony always require public authentication.

In Germany, notaries and any registrar appointed in Germany are responsible for authentication. For declarations made abroad, the authentication and certification authority of German consular officials must be observed.

Declarations of name are declarations of intent that require official receipt and only become effective after receipt by the competent German registry office.

If no German marriage or marriage certificate exists, the registry office responsible for accepting a declaration regarding the use of a name after marriage is the one in whose jurisdiction one of the declarants resides or last resided, or has their habitual residence. If such a connection to Germany exists, this jurisdiction applies if the marriage was solemnized abroad and has not yet been subsequently registered in a German marriage register. If such a connection to Germany does not exist, in the form of a residence or habitual residence in Germany, Registry Office I in Berlin is responsible.