What are some bad aspects of marriage

Federal Ministry of Justice and Consumer Protection

Those who enter into marriage not only promise one another loyalty, respect, consideration and support in all situations.

Around 36 million women and men in Germany are married, and almost 400,000 marriages are concluded every year. After the law introducing the right to marry for persons of the same sex came into force on October 1, 2017 and thus the marriage was also opened for same-sex couples, the number of new marriages will continue to increase. photocase; lisa:>

Article 6 paragraph 1 of the Basic Law stipulates:

"Marriage and family are under the special protection of the state order."

This principle is implemented in a large number of legal regulations that have been created for married couples. In the everyday life of a functioning marriage, these are usually perceived as being of little relevance. It is completely different in the case of a temporary or permanent separation or divorce: Here family law is of particular importance.

The civil code stipulates that the marriage must be carried out before a registrar. Many couples also choose to marry in church, or they choose some other special religious form of marriage. Such additional ceremonies can be very important for the couple and their loved ones. However, only the civil marriage has legal consequences. Only then is it from a legal point of view a valid marriage with the mutual rights and obligations specified in of this brochure to be discribed.

Registered life partnership
Until September 30, 2017, no one of the same sex could marry. They could only give their relationship a legal framework through a registered civil partnership. Since October 1, 2017, same-sex couples can also marry each other or the partners of an existing civil partnership can convert the civil partnership into a marriage. However, there is no obligation to do so. Existing civil partnerships can also be continued as such after October 1, 2017. New civil partnerships can no longer be concluded. Civil partnerships and marriages are legally almost the same.

additional Information
Civil partnership

Requirements for marriage

Both persons must be of legal age at the time of marriage. The family court exemption from the requirement of marriage until July 21, 2017, no longer applies on July 22, 2017.
A marriage may not be entered into if:

  • one of the persons concerned is married or lives in a registered civil partnership
  • the affected persons are directly related (e.g. mother and son) or if they are siblings.

The conjugal union

The marriage is concluded for life (Section 1353 of the Civil Code). With the marriage, the spouses have committed each other to the conjugal partnership and they are responsible for one another. The case law understands that both of each other Loyalty, respect, consideration, support and domestic fellowship can demand.

The concrete structure of the marriage is solely a matter for the married couple. However, the law provides some basic rules.

For example, the following areas are regulated in marriage law, taking into account the equality of both spouses:

  • Married name
  • Family maintenance and housekeeping
  • Matrimonial property law.

After a marriage, certain legal regulations automatically apply to the spouses, even if the spouses have not concluded a marriage contract.

Further information

Brochures on the subject

The marriage law

Information on marriage and divorce law, maintenance law, property law and pension adjustment.

Childhood law

Questions and answers on the right of parentage, parental custody rights, contact rights, naming rights, child maintenance rights and judicial proceedings.