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Marriage Affidavit for Germany

Marriage Affidavit Template for Germany

A Marriage Affidavit (Eidesstattliche Versicherung zur Eheschließung) is a legally binding sworn statement required under German law for individuals planning to marry in Germany. This document contains formal declarations about one's eligibility to marry, including personal information, marital status, and legal capacity to enter into marriage. The affidavit must comply with German civil law requirements, particularly the German Civil Code (BGB) and Civil Status Act (PStG), and may require additional elements for international marriages. It serves as a crucial document in the marriage preparation process within the German legal system.

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What is a Marriage Affidavit?

The Marriage Affidavit is a mandatory document in the German marriage registration process, required by local civil registry offices (Standesamt) before proceeding with marriage ceremonies. This sworn statement serves to verify the legal eligibility of individuals to marry under German law, confirming their personal status, absence of legal impediments, and compliance with marriage requirements. The document becomes particularly significant in cases involving international marriages or foreign nationals, where additional declarations may be required. The affidavit must be completed truthfully under penalty of perjury, as specified in German criminal law, and typically requires supporting documentation such as identification papers, birth certificates, and, where applicable, proof of termination of previous marriages.

What sections should be included in a Marriage Affidavit?

1. Personal Information Declaration: Full legal name, date and place of birth, current address, nationality, and identification document details

2. Marital Status Declaration: Current marital status, confirmation of being single or legally free to marry

3. Legal Capacity Declaration: Declaration of legal capacity to marry and absence of any legal impediments to marriage

4. Family Relationship Declaration: Confirmation of no prohibited degree of relationship with intended spouse

5. Residence Declaration: Declaration of current and previous places of residence for the required period

6. Truth Declaration: Formal statement confirming all information provided is true and accurate, acknowledging penalties for false statements

What sections are optional to include in a Marriage Affidavit?

1. Previous Marriage Declaration: Details of previous marriages and their termination - required if previously married

2. Foreign Law Compliance: Additional declarations required for foreign nationals regarding compliance with their home country's marriage laws

3. Children Declaration: Information about existing children from previous relationships - required in some jurisdictions

4. Property Declaration: Declaration of property ownership status - required in some jurisdictions or specific circumstances

5. Name Declaration: Declaration of intended name usage after marriage - required if planning to change names

What schedules should be included in a Marriage Affidavit?

1. Identity Documents: Copies of passport, national ID card, or other government-issued identification

2. Birth Certificate: Certified copy of birth certificate with apostille if foreign-issued

3. Residence Proof: Documents proving current residence such as registration certificate or utility bills

4. Previous Marriage Documents: If applicable: divorce decree, death certificate of former spouse, or annulment documents

5. Certificate of No Impediment: Document from home country confirming no legal obstacles to marriage (for foreign nationals)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
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