Please note

Given the desirability of long-term planning and the legal options for shaping marital relations it is necessary to seek thorough advice, which can best be obtained from a notary during a visit to Germany. An assessment of your particular case is often necessary, especially when the marriage is between nationals of two different states. Such an advisory session tends to cover issues such as matrimonial property, maintenance obligations and provision in old age. Notaries often recommend that, in addition to a marriage contract, you execute further dispositions together (such as contracts of inheritance/joint wills), in Germany.

Certification and authentication of documents by German missions abroad

Sometimes, even when abroad, Germans and foreigners may need to have documents certified or signatures or manual signs, transcripts or copies authenticated. German consular officers are empowered by statute to undertake such legal acts for the purposes of German law (section 2 of the Konsulargesetz (Consular Act)). Documents executed before a consular officer rank equally with those executed before a notary in Germany (section 10 (2) Konsulargesetz). The fees are levied in accordance with the Auslandskostenverordnung (Foreign Costs Ordinance) and are roughly equivalent to those charged by German notaries.

Consular officers only certify documents where this is necessary, i.e. where German law requires that a document be certified. They do not compete with German notaries. They merely offer a supplementary service. Consular officers have a discretionary duty; unlike notaries in Germany who may not refuse their services without sufficient reason, they are not obliged to execute certifications.

Please note that not every mission has a consular officer empowered to undertake all certifications.

A signature is authenticated by being acknowledged or executed in the presence of a consular officer. Signatures on documents to be kept on file at a court may only be authenticated by being executed in the presence of a consular officer. In both cases, the person whose signature is to be authenticated must appear in person with a passport or identity card.

When certifying that transcripts or copies are true copies of originals or certified transcripts/copies, the original must be presented to the consular officer. A transcript or copy of a non-authenticated transcript cannot be authenticated.

If you need to provide a certified document to a German authority and you cannot travel to Germany to arrange everything with the authority itself, please use the contact form and send an email to the German Embassy, attach the document that needs to be signed or certified and the Embassy will get back to you with further information and, if the Embassy can help, an appointment. Please note that it may take several weeks before an appointment can be made, due to high demand.