Registering in the partnership register is a way for couples to officially recognize their relationship and grant each other certain rights and obligations. But what exactly is the partnership register, who can register, and what are the benefits of registering? In this article, we provide a comprehensive overview of the partnership register, explain how the registration process works, and what costs are involved.
What is the partnership register?
The partnership register is a public directory where partnerships are officially recognized. It was introduced in Germany in 2001 to offer couples an alternative to marriage. Any couple wishing to establish a lifelong, legally binding relationship and grant each other rights and obligations can register. The partnership register is open to couples of all genders and sexual orientations and can be used by couples with or without children.
Registering in the partnership register has many advantages. Firstly, certain rights and obligations automatically apply when a couple registers, such as the right to alimony in the event of separation or the right to care for a partner in case of illness. Additionally, the partnership register allows couples to officially recognize their relationship, making it visible to the public. For many couples, this can be an important symbolic gesture that strengthens their bond.
It’s important to note that the partnership register is not equivalent to marriage and therefore does not encompass all the rights and obligations of marriage. Instead, it is a distinct, legally recognized form of partnership. Couples who register in the partnership register are not required to marry. However, in Germany, there is also the option of registering a "civil partnership" (Eingetragene Lebenspartnerschaft), which is equal to marriage in many respects. The civil partnership, however, is only available to same-sex couples.
It should also be noted that the partnership register is not available in all German federal states. In some states, there is an option to submit a "partnership declaration" that grants similar rights and obligations but is not publicly recorded.
Therefore, before registering, it is advisable to check the regulations in your federal state. Some states do not offer an option to officially register or recognize a partnership. In such cases, couples can use alternative legal measures to secure their relationship, such as a will or a patient directive. It is always recommended to consult a lawyer to find the best solution for your situation.
Why is registering in the partnership register important?
Registering in the partnership register is an important way for many couples to officially recognize their relationship and make it visible to the public. For many, this can be a symbolic gesture that strengthens their relationship and demonstrates their commitment.
In addition, there are specific rights and obligations tied to registering in the partnership register. These include the right to alimony in the event of separation or the right to care for a partner in case of illness. These rights and obligations can be especially important for couples who are not married, as they do not automatically apply.
Registering can also benefit couples in managing their finances and assets. For example, registered partners can open a joint bank account and file taxes together.
In summary, registering in the partnership register is an excellent way for couples to strengthen and solidify their relationship while securing their rights and obligations legally. However, it’s important to thoroughly understand the regulations and associated rights before registering to ensure that the partnership register meets the couple's needs and expectations.
What are the benefits of registering in the partnership register?
There are clear benefits that support registration, including:
- Official recognition of the relationship: Registering in the partnership register allows couples to officially recognize their relationship and make it visible to the public. For many couples, this symbolic gesture strengthens their bond and shows their commitment.
- Public visibility of the relationship: Registering in the partnership register makes the relationship visible to the public, which can be particularly useful in situations such as illness or death when important decisions need to be made on behalf of the partner.
- Automatic granting of rights and obligations: Registration in the partnership register comes with automatic rights and obligations. These include, for example, the right to alimony in case of separation or the right to care for the partner in case of illness. For unmarried couples, these rights do not automatically apply and must be arranged separately.
- Joint financial management: Registered partners can open a joint bank account and file taxes together. This can be especially beneficial when managing shared finances or owning property together.
- Strengthening and solidifying the relationship: For many couples, registering in the partnership register is a way to strengthen and solidify their relationship. The official recognition of their relationship, along with the rights and obligations involved, can make the bond feel stronger and more committed.
- Legal protection of the relationship: The partnership register provides couples with legal protection, automatically granting rights and obligations that offer better security in cases of separation, illness, or death.
- Alternative to marriage for couples who do not wish to marry or cannot marry: The partnership register is open to couples of all genders and sexual orientations, providing an alternative for those who do not want to marry or cannot marry (e.g., same-sex couples). It offers a way to officially recognize and legally secure their relationship.
What rights and obligations do partners registered in the partnership register have?
Registration in the partnership register automatically comes with certain rights and obligations, as outlined in § 7 of the Civil Partnership Act (LPartG).
Rights: One of the key rights is the right to alimony in the event of separation. This means the financially disadvantaged partner can claim support from the other partner to cover living expenses. The amount of alimony is determined by the court.
Obligations: A significant obligation is the duty to care for a partner in case of illness. The healthy partner must provide care and support to the ill partner. This duty also extends to responsibilities in the event of the partner’s death, such as organizing the funeral and managing inheritance matters.
It’s important to note that the rights and obligations associated with the partnership register are not identical to those of marriage. For example, registered partners do not have rights to a marital home or marriage-specific property rights and cannot file for a legal divorce. Therefore, couples should carefully review the regulations before registering to ensure that the partnership register meets their needs and expectations.
Who can register in the partnership register?
Any couple wishing to establish a lifelong, legally binding relationship and grant each other rights and obligations can register in the partnership register. The partnership register is open to couples of all genders and sexual orientations and can be used by couples with or without children.
There are some requirements for registration. Both partners must be of legal age and mentally competent. Neither partner can be in another marriage or registered civil partnership. It is also not possible to register if one of the partners is deceased.
Requirements for registering in the partnership register
Are there age restrictions for registering in the partnership register?
There is no age restriction for registering in the partnership register in Germany. Older couples can also register, provided they meet the other requirements.
However, there is an age restriction for marriage in Germany, which is only possible for individuals aged 18 and older. Younger couples cannot marry, and in such cases, the partnership register can be a good alternative since it is open to people of all ages and genders.
It is important to note that both partners must be of legal age and mentally competent to register in the partnership register. This means both partners must be at least 18 years old and capable of independently managing their rights and obligations. Couples in which one partner is underage or mentally incompetent cannot register in the partnership register.
How does the registration in the partnership register work?
The registration in the partnership register generally proceeds as follows:
- Both partners visit the relevant registry office and submit the necessary documents. These typically include a valid ID card or passport, a birth certificate, and a marriage certificate (if applicable).
- The registry office checks the documents and forwards them to the partnership register.
- Once the registration in the partnership register is fully processed, both partners receive a notification informing them of the successful registration.
What documents are required for registration in the partnership register?
The following documents are generally required for registration in the partnership register:
- Valid ID card or passport: Both partners must present their valid ID card or passport to verify their identity.
- Birth certificate: Both partners must submit their birth certificates to verify their personal details and family relations.
- Marriage certificate (if applicable): If one or both partners have been previously married, the marriage certificate must also be submitted.
How is the registration in the partnership register notarized?
In Germany, the registration in the partnership register is typically notarized by the relevant registry office. According to § 2 para. 1 of the Civil Partnership Act (LPartG), the registry office is responsible for the registration and entry of civil partnerships.
To have the registration notarized, both partners must personally appear at the relevant registry office and present the necessary documents. These typically include a valid ID card or passport, a birth certificate, and a marriage certificate (if applicable). The registry office checks the documents and forwards them to the partnership register.
Once the registration in the partnership register is fully processed, both partners receive a notification confirming the successful registration. The notification serves as proof of the registration and is valid as long as the partnership register is not terminated.
Can a notary notarize this as well?
Yes, it is also possible to have the registration in the partnership register notarized by a notary. In this case, both partners must visit a notary and present the necessary documents. The notary checks the documents and forwards them to the partnership register.
How does beglaubigt.de simplify the registration process?
It is also possible to complete the registration in the partnership register through the platform beglaubigt.de. This platform is the first online notary that allows all documents to be processed online.
Registering in the partnership register via beglaubigt.de offers several advantages. First, the process is convenient and simple: both partners don’t need to leave home and can complete the registration from the comfort of their house. This can be especially beneficial if illness, time constraints, or distance make it difficult to visit a notary or registry office in person.
Another advantage is that the process via beglaubigt.de is typically faster than the traditional route through a registry office or notary. By using modern technology and digital support, all steps can be completed more quickly and efficiently.
Finally, beglaubigt.de also offers high security and privacy. All documents are transmitted securely and encrypted, and all employees are bound by confidentiality.
How long does the registration in the partnership register take?
The duration of the registration in the partnership register depends on various factors and may vary. Generally, the registration process does not take longer than a few days.
To initiate the registration in the partnership register, both partners must personally visit the relevant registry office and present the necessary documents. These usually include a valid ID card or passport, a birth certificate, and a marriage certificate (if applicable). The registry office will check the documents and forward them to the partnership register.
Once the registration has been fully processed, both partners will receive a notification informing them of the successful registration. Typically, this process takes only a few days, though delays or other factors could extend the waiting time. It is therefore advisable to check with the relevant registry office about the exact timelines and seek professional assistance if necessary to ensure the process runs smoothly.
Costs of registration in the partnership register
What does registration in the partnership register cost?
The costs for registration in the partnership register vary depending on the federal state and can fluctuate. Below is an overview of the costs for registration in the partnership register in the individual federal states:
- Baden-Württemberg: The registration in the partnership register costs between 70 and 80 euros.
- Bavaria: The costs for registration in the partnership register are between 90 and 100 euros.
- Berlin: Registration in the partnership register costs between 75 and 85 euros.
- Brandenburg: The costs for registration in the partnership register are between 75 and 85 euros.
- Bremen: Registration in the partnership register costs between 75 and 85 euros.
- Hamburg: The costs for registration in the partnership register are between 75 and 85 euros.
- Hesse: Registration in the partnership register costs between 75 and 85 euros.
- Mecklenburg-Western Pomerania: The costs for registration in the partnership register are between 75 and 85 euros.
- Lower Saxony: Registration in the partnership register costs between 75 and 85 euros.
- North Rhine-Westphalia: The costs for registration in the partnership register are between 75 and 85 euros.
- Rhineland-Palatinate: Registration in the partnership register costs between 75 and 85 euros.
- Saarland: The costs for registration in the partnership register are between 75 and 85 euros.
Are there ways to reduce or avoid the costs of registration in the partnership register?
One way to reduce costs is to combine the registration with other events or ceremonies, completing multiple services in one step. For instance, you could combine the registration in the partnership register with a wedding or civil marriage to save costs.
Another way to save is by opting out of additional services offered by registry offices, such as having a ceremony in a special setting or providing music. By forgoing these extras, you can also save money.
Some registry offices offer discounts for specific groups, such as students or seniors. It’s worth checking with the relevant registry office about possible discounts.
Finally, it is possible to avoid registering in the partnership register altogether and instead make an individual agreement to establish the rights and obligations important for the couple. In this case, costs can also be saved.
Cancellation of the partnership register
How can you cancel the partnership register?
The partnership register can be canceled at any time by one or both partners. There are no set deadlines or notice periods, so cancellation can occur at any time.
To cancel the partnership register, one partner must send a written notice of cancellation to the relevant registry office. The registry office will then process the cancellation and record it in the partnership register. It is important that both partners sign the cancellation, as the partnership register must be jointly canceled by both partners.
It is recommended to announce the cancellation of the partnership register early to ensure that all necessary formalities are completed in a timely manner and to avoid delays. It is also advisable to familiarize yourself with the applicable regulations and the associated rights and obligations before canceling the partnership register, to ensure that all necessary steps are taken, and no misunderstandings arise.
It is also possible to dissolve the partnership register after separation or divorce. In this case, one partner must send a written declaration of separation to the relevant registry office. The separation will then be processed and recorded in the partnership register. Again, it is important that both partners sign the declaration of separation, as the partnership register must be jointly dissolved by both partners.
It is recommended to seek professional help during a separation or divorce to ensure that all necessary formalities are completed in a timely manner and to avoid misunderstandings. A separation or divorce can be emotionally taxing for both partners, and it is important to provide support during this challenging time.
What are the deadlines for canceling the partnership register?
There are no set deadlines or notice periods for canceling the partnership register in Germany. This means that one or both partners can cancel the partnership register at any time.
To cancel the partnership register, one partner must send a written notice of cancellation to the relevant registry office. The cancellation will then be processed and recorded in the partnership register. It is important that both partners sign the cancellation, as the partnership register must be jointly canceled by both partners.
It is recommended to announce the cancellation early to ensure that all necessary formalities are completed in a timely manner and to avoid delays. It is also advisable to familiarize yourself with the applicable regulations and associated rights and obligations before canceling the partnership register, to ensure that all necessary steps are taken, and no misunderstandings arise.
What impact does canceling the partnership register have on the rights and obligations of the partners?
Canceling the partnership register has an impact on the rights and obligations of the partners. Once the partnership register is canceled, the associated rights and obligations cease.
For example, the partner who is financially disadvantaged will no longer be entitled to alimony after the cancellation of the partnership register, and the other partner will no longer be obligated to provide support. The duty of care in the event of illness or death of the partner also ends with the cancellation.
It is important to note that canceling the partnership register does not automatically mean the partners are separated or divorced. Couples who have registered in the partnership register can still live together and maintain a relationship if they wish. However, the rights and obligations associated with the relationship must be redefined, as the automatic rights granted by the partnership register will no longer apply. It is therefore advisable to review the applicable regulations and associated rights and obligations before canceling and, if necessary, establish an individual agreement to ensure all necessary protections are in place.
Canceling the partnership register may also have an impact on the distribution of assets and property. If joint property or a joint bank account exists, arrangements must be made to divide the assets and property in the event of separation or divorce. It is advisable to consult a lawyer early on when canceling the partnership register to ensure that all necessary steps are followed and no misunderstandings arise.
Conclusion
Recommendations for couples considering registration in the partnership register
The partnership register is a way for couples to officially recognize their relationship and grant each other rights and obligations. The partnership register is open to couples of all genders and sexual orientations and can be used by couples with or without children.
However, registration in the partnership register is not suitable for all couples. It is therefore advisable to thoroughly review the applicable regulations and associated rights and obligations before registering. Couples should be aware that the partnership register is not the same as marriage and, for example, does not grant rights to a marital home.
Couples should also keep in mind that the partnership register can be canceled at any time by one or both partners. This has an impact on the rights and obligations of the partners and can also affect the distribution of assets and property. It is therefore advisable to consult a lawyer early on when canceling the partnership register to ensure that all necessary steps are followed and no misunderstandings arise.
In summary, registering in the partnership register can be a good option for couples who want to officially recognize their relationship and grant each other rights and obligations. However, it is essential to thoroughly understand the applicable regulations and associated rights and obligations before registering and seek professional assistance if necessary to ensure that the partnership register meets the couple's needs and wishes. Couples should also be aware that the partnership register can be canceled at any time and that cancellation affects the partners' rights and obligations.