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Conversion of a civil partnership into a marriage
Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)
The conversion of the civil partnership into a marriage according to § 20a Civil Partnership Act according to the Act on the Introduction of the Right to Marriage for Persons of the Same Sex of 20 July 2017 legally corresponds to a marriage within the meaning of § 14 of the Civil Status Act (PStG). The conversion (marriage) constitutes an act establishing status and must take place with its date and with the signature of the declarant, the participating registrar and any witnesses. Irrespective of this, the rights and obligations of the life partners after the conversion continue to be determined by the date of establishment of the civil partnership.
Since the rights and obligations of the civil partnership continue to apply after the marriage, the determination of a married name according to § 1355 of the German Civil Code (BGB) is not permissible if a civil partnership name has already been determined by the life partners. An existing civil partnership name is transferred to the marriage register as a married name during the conversion (marriage), including any accompanying names.
Civil partnerships established abroad under foreign law cannot be converted in Germany. These partners can marry in Germany without the foreign civil partnership having to be dissolved beforehand.
The civil partners may register the conversion of their civil partnership (marriage) with the registry office in whose jurisdiction one of the partners has his domicile or habitual residence (§ 12 paragraph 1 PStG) and arrange an appointment for the submission of the declarations. According to § 11 PStG, each German registry office is responsible for the conversion (marriage) itself.
Which documents are required?
If the existing civil partnership has not been established at the registry office of the marriage registration, the civil partners must submit a civil partnership certificate or a printout from the civil partnership register. In addition to civil status (proof of existing civil partnership by public document), identity, nationality, domicile or habitual residence and legal capacity must be proven. In addition, the use of the name must be checked with regard to the certification in the marriage register.
What are the fees?
No fees are charged for the conversion of the civil partnership into a marriage at the registry office.
Fees are incurred for the issuance of documents, for the execution of the conversion outside opening hours and/or outside the premises of the registry office as well as for declarations of name rights
§ 12 Civil Status Act
§ 20a Civil Partnership Act
Article 17b EGBGB
§ 17a Civil Status Act
VerwGebVO – subheading 19
The text was automatically translated based on the German content.