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An Affidavit of Marital Status is a sworn legal declaration that formally establishes your current marital status under German law. This notarized document serves as official proof of whether you are single, married, divorced, or widowed, and is required in numerous legal proceedings throughout Germany. The document must comply with strict German legal requirements, including the Civil Code (BGB), Civil Status Act (PStG), and Notarization Act (BeurkG).

When do you need this document?

You will need an Affidavit of Marital Status when applying to marry in Germany, particularly if you are a foreign national or have been previously married. Immigration authorities frequently require this document for spouse visa applications, family reunification proceedings, and permanent residency applications. The document is also essential for property transactions where marital status affects ownership rights, inheritance proceedings where surviving spouse rights must be established, and international adoption processes. Banks and financial institutions may request this affidavit for certain account types or loan applications, and it may be required for pension claims or social security benefits where marital status determines eligibility.

Key legal considerations

The affidavit must include specific mandatory information: your complete legal name, date and place of birth, current address, nationality, and detailed identification document information. You must declare your current marital status clearly and provide comprehensive details of any previous marriages, including dates, locations, spouse names, and how each marriage ended (divorce or death). The document requires notarization by a German notary (Notar) who will verify your identity and witness your oath. Making false statements in this sworn declaration constitutes perjury under Section 156 of the German Criminal Code (StGB), punishable by imprisonment. If you plan to use the document internationally, you may need additional authentication such as an Apostille certification or consular legalization depending on the destination country's requirements.

Legal requirements in Germany

German law requires that all affidavits of marital status be executed before a licensed German notary (Notar) in accordance with the Notarization Act (BeurkG). The notary must verify your identity using official government-issued identification such as a passport or German identity card. Under the Civil Status Act (PStG), the document must reference official records from the German registry office (Standesamt) where applicable. Foreign nationals may need to provide additional documentation such as certificates of no impediment from their home country or apostilled divorce decrees from foreign jurisdictions. The affidavit must be prepared in German or include certified translations of foreign documents. Embassy or consulate officials may be involved for international matters, and the document's validity period varies depending on its intended use, typically ranging from three to six months for most official purposes.