Recognising marriage certificate in Denmark

Hello,
I am a newbie, glad that I found this community since I got quite a lot helpful information here. Was searching but did not find relevant information so I creat a new post. Hope it is fine.

I am from a non-eu country, have been in Germany for 9 years. Came here to study and have been working full time for almos 6 years, I have permanent residence permit.

In March last year 2024, I got married in Denmark since it's much more convenient there in Denmark than the lengthy annoying bureaucracy process here in Germany. My husband is German. I want to highlight that i was never married before, and my husband and I have been living together for about 7 years so far, the registration office can always see that in our profiles.

In September 2024 I went to the registration office to register our marriage, the official said that there was a new regulation in place, and he was not able to enter our marriage status directly into the system like in the past anymore (it woul be possible if both of us were from EU countries). Instead, our documents will be sent to Standesamt for investigation.

Yesterday I received a letter from the registration office (after 5 months) that I have to provide my birth certificate and marriage status certificate from my home country, legalised and translated. I have only 1 month to do so.

I wanna ask if anyone knows about this "new regulation" and if it is a must to summit additional documents? I tried to search on the Internet and I couldn't find anything. So far I only know that Denmark marriage certificate will be immediately recognised in Germany.

Of course I can provide the documents but then I have to fly back to my home country to request it, also, it takes a lot of time and cost a lot of money. I don't think I can manage to do it in 1 month. And, I have to work (and pay taxes of course, which contributes to the wages of these officials LOL) I cannot get away for few months just to collect two papers.

Thanks in advance for your input. - @hamngungay

  Have not heard of such a rule but no reason to believe they are just making something up. When I married in Germany as an American I had to contact the US consulate for a document stating my marital status. This is standard procedure. Not sure why you think you need to fly home; just contact your embassy or closest consulate.  Because of such things, it is essential that you register your marriage with your country’s consular authorities. So you’ll likely have to send the Danish documents to them and they can issue documents for the Germany authorities showing your marital status to the best of their knowledge.  Sounds like a roundabout way of doing things but it helps insure German authorities that you weren’t already married – but Danish authorities should have scrutinized this already.

I don't know if it is standard procedure, or a new rule. But if the authorities have (obviously, in this case) a doubt about the validity of your marriage, they can ask for additional proof - and you are obliged to supply it (or remain unmaried in German judicial eyes - yes, it is possible to be legally married in one country but single in another, it's called "limping marriage").

If the request is unreasonable or impossible to fulfil, you can appeal against it. The letter you received must say how (and until when) to appeal. If not, contact them and ask. An appeal should be prepared by a lawyer experienced in international family law to have a better chance of success.

Good luck - the German family registries ("Standesamt") are among the most difficult to deal with, sometimes worse than foreigners offices ("Ausländeramt").

@TominStuttgart

Thanks, and nope, it is not the same in my case. Our consular in Germany does not provide any confirmation for the period I was living in my home country in the past. They can confirm some data about me for the period I am living in Germany only. I have to go back to my home country to request the document and then to go the German embassy in my home land to legalise the document.

When I got married in Denmark,  I provided to the Danish authorities with the "Meldebescheinigung" issued by German Bürgerservice, which mentioned my marital status on it. Basically, my marital status on the German Bürgerservice data is always "single". And now German Bürgerservice wants a legal confirmation from local authorities in my home country that I am single (or never been married).

The fact is, according to the EU agreement and the Hague convention, the marriage certificates in Denmark are generally recognised in Germany without further requirements. When the Bürgerservice official said there was a "new regulation", it should be available somewhere and I wanna ask if anyone knows about it.

@beppi

Thanks, I am about to approach a lawyer yes. I am already married and I obviously do not want to go through the German lengthy process to get a permission to be married again. I am also fine with being "single" ONLY IN GERMANY LOL

I am also fine with being "single" ONLY IN GERMANY LOL - @hamngungay

Then why do you want to go through all this trouble?

It will be a fight with the windmills, as usual with German buerocracy - and I foresee you will still have to provide proof that you were not married in your home country before!

@beppi

Yeah I mean "being recorded as single in Germany" is also an option if things get too complicated,  but of course that is not what I would go for in the first place. Who would not like to be recognised as "married" when marriage is their romantic decision after such a long time together? Currently, my personal data recorded in HR department is still "single" while everyone knows that I am married. I am not sure if anyone likes being different that way in their professional life.

I expected a nice wishes from the registration office than a skeptical look and an investigation. It's so obvious in my case that it is not a "marriage of convenience"!

I also made some research with some AI apps, seems that so far what I understood were correct, and seems there is no "new regulation" available in public. I will hear some legal advices from a lawyer and decide what I will do.

Thanks for spending some of your time on my case.

Getting married again in Germany is NOT how it is done. And one cannot be listed as single if they are married. This is NOT an option. This would amount to fraud. There are many legal implications according to one’s marital status; for retirement, taxes, insurances, ownership of assets rights to visit in a hospital or make decisions about the spouses health if incapacitated etc. etc. . Not to be confused with filing singularly for tax purposes. This is always an option, even if married, according to what will give one the better advantages. Required if a spouse is not in Germany. But with a legal status of single one cannot file together as a couple.

Beppi mentioned a limping marriage. This is because some countries might not recognize marriages the same as others. It is not a matter of choosing how you want to be listed. The last thing one wants to have is the legal troubles caused by such conflicts.  One really needs to get it straightened out! And it should not be some complicated having been never married before. Where the serious conflicts come in is from previous marriage(s) that might or might not be seen as legally ended. The Philippines for example doesn’t recognize divorce.

But it doesn’t really make sense saying ones consulate doesn’t issue such documents. They are required to by international standard. They can only say what your present situation is at the time as far as their records show. You register your marriage with them, showing the Danish documents and then they change your status from single to married. And you would have needed such a document in Germany to be listed as single unless they simply took your word for it with no documents. Strange that Denmark would allow you to marry there with just a document from Germany rather than from your home country. Maybe the reason Germany is doubtful; it was not actually checked properly. Even if they don’t suspect a marriage of convenience how should they know you weren’t married in your home country before if it wasn’t checked in Denmark before marrying you.

The OP (formerly known as "hamngungay") deleted his/her account and thus is now shown as "GuestPoster62787". This sometimes happens with posters who don't get the answers they are hoping for - but looks rather ungrateful to us forum regulars who took the effort to reply.

Unfortunately he/she will not be notified of further replies and thus will probably not read them!

The OP (formerly known as "hamngungay") deleted his/her account and thus is now shown as "GuestPoster62787". This sometimes happens with posters who don't get the answers they are hoping for - but looks rather ungrateful to us forum regulars who took the effort to reply.
Unfortunately he/she will not be notified of further replies and thus will probably not read them! - @beppi

Yeah, some even get very angry when they don’t get the answer they want. And such advice is where a forum is good; one can sometimes get perspective and tips that go beyond what official sources will mention. Not that we can advise anyone to break a law but some things can be seen in different ways or even things not wanted tolerated to a certain degree. But one should not underestimate the importance of one’s marital status. And not just for herself but for her spouse. Even if one got away with it for a while, eventually one might have even bigger troubles by not getting things straightened out. And ignorance of the law is not a legal defense. One has the burden to find out and see things are done correctly even if difficult. If officials make a mistake it is one thing but if one does something wrong with the excuse that it was simpler that way because of all of the bureaucracy involved … expect consequences.

@TominStuttgart @beppi

It's me here. I saw your comments and come back.

I am not sure what you are talking about. I requested to delete my account BEFORE I created this post. Reason is that I was not happy with the username and I did not know how to change it. You can contact the IT or administration team to check this!!! I also want to highlight that I already thanked you for spending your time on my case.

However, you were correct that I did not get answers that I wanted from this forum. I wanted to know if anyone knew about the "new regulation" that the official told me, or at least experienced the same issues as I had. It seems there is a NO so far. I am not sure which direction you are heading at, what you mean with "break the law" LOL ???

I also don't know what your purpose when writing about "being single is NOT an option" in Germany. I already informed my marriage and if Germany does not recognise it, why would I put too much effort to get it? To get taxes deductions and all the social benefits that you mentioned above?  I say I don't need it, I am okey paying the highest tax rate, then what?

I came here to study and have been working after graduation, my marital status is always single, that is what is written in German system as well. If anyone suspects if I ever married in the past, then they should ask themselves if it happened when I was studying in my home country or when I was a kid?

I believe the reason for scrutiny some marriages is the problem of "marriage of convenience." And I also believe Denmark logically assessed and decided to let us get married based on all documents and information we provided, case by case, but not applying rules mechanically. Maybe that is the reason why many people go to Denmark to get married, a lot of Germans do it as well.

Last but not least, I don't like the way Tomin commenting on my post. It makes me feel like he thinks I was lying. Yeah, a lot of things do not make sense here and there, but what I wrote were facts and what I experienced. Tomin might know and experience a lot more than many of us, but it does not mean that he experienced what I did and he came from the same country as I do. Maybe today nobody is facing this problem,  but who knows how many people in the future will have this issue, and that is the moment when my post today becomes helpful for them!

As said, I got some information from some AI apps relating to my case, I will also get some legal advices from a lawyer. I believe this conversation will not bring us anywhere than consuming our time, so I truly hope it ends here!

Hello Catslover,

I have contacted you in private. Please check your inbox.

Cheers,

Cheryl

Expat.com team

@TominStuttgart @beppi It's me here. I saw your comments and come back. I am not sure what you are talking about. I requested to delete my account BEFORE I created this post. Reason is that I was not happy with the username and I did not know how to change it. You can contact the IT or administration team to check this!!! I also want to highlight that I already thanked you for spending your time on my case.However, you were correct that I did not get answers that I wanted from this forum. I wanted to know if anyone knew about the "new regulation" that the official told me, or at least experienced the same issues as I had. It seems there is a NO so far. I am not sure which direction you are heading at, what you mean with "break the law" LOL ???I also don't know what your purpose when writing about "being single is NOT an option" in Germany. I already informed my marriage and if Germany does not recognise it, why would I put too much effort to get it? To get taxes deductions and all the social benefits that you mentioned above? I say I don't need it, I am okey paying the highest tax rate, then what?I came here to study and have been working after graduation, my marital status is always single, that is what is written in German system as well. If anyone suspects if I ever married in the past, then they should ask themselves if it happened when I was studying in my home country or when I was a kid? I believe the reason for scrutiny some marriages is the problem of "marriage of convenience." And I also believe Denmark logically assessed and decided to let us get married based on all documents and information we provided, case by case, but not applying rules mechanically. Maybe that is the reason why many people go to Denmark to get married, a lot of Germans do it as well.Last but not least, I don't like the way Tomin commenting on my post. It makes me feel like he thinks I was lying. Yeah, a lot of things do not make sense here and there, but what I wrote were facts and what I experienced. Tomin might know and experience a lot more than many of us, but it does not mean that he experienced what I did and he came from the same country as I do. Maybe today nobody is facing this problem, but who knows how many people in the future will have this issue, and that is the moment when my post today becomes helpful for them!As said, I got some information from some AI apps relating to my case, I will also get some legal advices from a lawyer. I believe this conversation will not bring us anywhere than consuming our time, so I truly hope it ends here! - @Catslover

You are just doubling downs on false assumptions and a host of unfoucned rationalizations. . You claimed you can just choose to stay filed as single when you are actually married. This is NOT possible and will lead to trouble. The government can indeed say you were fraudulent. They aren’t saying, “oh, you can continue listed as single”, they are asking for the documentation they need to prove your status as married. You are saying it is too much trouble; you would have to fly to your home country. I can’t say if this is actually correct but sounds very unusual. But one cannot have themselves listed as married for something s and single for others. Later officials can produce a copy of the marriage certificate from Denmark and will ask; what is this? Is it valid or was it a fraud or what? They cannot just ignore it. But that it exists doesn’t mean that it will be accepted as valid without the proof that you were not already married. From what you have written, it doesn’t sound like Denmark sufficiently scrutinized this.

I certainly don’t have all of the answers. I don’t know the “new rules” they are referring to but not all of what you have written really adds up either.  Germany is required to do things properly. If any player in this ordeal seems to be doing something questionable it is your country’s consular officials. It is standard for them to issue documents on one’s marital status. If they refuse and require you to fly home to get such a thing then it is their fault; not German officials’ fault. Maybe you should be asking on the forum for your home country (Thailand according to your profile?) how to get this document without such a trouble.

@TominStuttgart Sorry, Tom, but you are wrong here: A person's marital status in one country is NOT necessarily the same as in another. As I mentioned above, this is called "limping marriage". It causes lots of problems (as you correctly described above) and should be avoided, of course, but legally it is possible!

But you are also right that the poster is not believable, as he/she says Thai in the profile but in the post wrote that you "came from the same country as I do", meaning he/she is from USA. We cannot advice properly if we get incorrect information!

@TominStuttgart Sorry, Tom, but you are wrong here: A person's marital status in one country is NOT necessarily the same as in another. As I mentioned above, this is called "limping marriage". It causes lots of problems (as you correctly described above) and should be avoided, of course, but legally it is possible!
But you are also right that the poster is not believable, as he/she says Thai in the profile but in the post wrote that you "came from the same country as I do", meaning he/she is from USA. We cannot advice properly if we get incorrect information! - @beppi

I know what you wrote and know multiple people that that had to go through such complications. Doesn’t change my position in any way. Even if a country doesn’t recognize ones status as another does doesn’t mean one can pick and choose their status. They have to go by documents. Germany will want a document from the poster’s home country as to their marital status. That they don’t want to be bothered to get this is not possible. They have already provided a Danish document showing marriage but apparently no document from their home country confirming the Danish marriage is legitimate by confirming they were not already married before.

I don’t know what the poster meant by “coming from the same country”. I can’t imagine any reason to claim to be from Thailand when they are actually American. But I know for a fact that the US embassy or consulate issues the necessary document about marital status because I had to get it myself when I married in Germany. And while the poster seems overly defensive, I never said she was lying. I think it is more likely a case of misunderstanding that one would have to fly home to get such a document rather than simply through a consular entity. And if the Germans are referring to some “new rule” then she should be able to ask for a copy of the rule or link to it, which could be shared here so we can give better advice. She is correct that I don’t know everything but am pretty sure how things tend to work in Germany. But how can we respond about a rule without any reference to which law it might be?