Legal issues Germany

Requirements and document preparation

 

Key documents:

- Passport or ID card.

- Birth certificate (must be less than six months old; translated into German by a certified translator; the document must also be legalized: apostille or consular legalization if it was not issued in the EU).

- Registration certificate confirming residency in Germany for at least 21 days.

- Certificate of civil status, which confirms there are no impediments to marriage. This document can be obtained from your country's consulate or embassy. In some cases, it may need to be legalized by a German court. (Or a notarized statement that the applicant is not married with an apostille and an official translation into German.)

 

Additional documents:

- Divorce certificate or death certificate of the previous spouse, if applicable.

- Documents of name change or naturalization, if relevant.

- In some cases, financial documents and certificates of no criminal record may be required.

 

Marriage registration process

 

Administrative procedures at the civil registry office:

For application submission in some cities, an appointment can be made online, by mail, or by phone.

At the meeting in the civil registry office, you need to provide all documents, including translations.

After submitting the documents, it will take several weeks for them to be reviewed. Following the review, you will be issued a marriage permission certificate, which is valid for six months.

 

Wedding ceremony

The official ceremony takes place at the civil registry office. At the ceremony, you need to have an ID and, if required, the presence of a certified translator.

Registering the birth of a child in Germany is an important process that must be completed within the first week after birth.

 

Obtaining documents from the hospital or midwife: If the child is born in a hospital, the hospital staff usually informs the local civil registry office about the birth. In the case of birth at a birthing center or at home, the midwife will provide an official birth document, which must be submitted to the civil registry office independently.

 

To register the birth of a child at the civil registry office, the following documents are required:

- Passport or ID card of the parents.

- Birth certificates of the parents (translated into German if issued outside the EU).

- Marriage certificate of the parents (if applicable, also translated).

- Completed child’s name declaration form (available at the civil registry office or online on the city's website).

 

Visiting the civil registry office: You must visit the civil registry office within the first week after the child's birth.

 

Obtaining the birth certificate: After submitting all documents, the civil registry office issues the child's birth certificate. You typically receive three copies of the certificate: for the employer, the insurance company, and for the parental allowance application. Additional copies and international versions of the certificate can be ordered for an additional fee.

 

Informing your country's consulate: If one or both parents are foreign citizens, you must inform your country's consulate about the child's birth to obtain citizenship and a passport for the child. Requirements may vary by country, so it is advisable to contact the consulate for accurate information.

 

Helpful tips

Document translations: All foreign documents must be translated into German by a certified translator.

Consultations: If you do not speak German, consider hiring a certified translator for visiting the civil registry office.

Business registration in Germany involves several important steps, and knowing the procedures can help avoid bureaucratic hurdles.

 

Checking and preparing documents

Before starting the registration process, it is necessary to prepare all the required documents:

- Passport or identification card

- Certificate of residence registration

- Company's founding documents (e.g., company charter, list of shareholders)

- Financial plan and business plan (sometimes required to obtain a bank account and a loan).

 

Choosing a type of business: Sole proprietorship, Limited liability company, Small limited liability company, or Joint-stock company.

 

To register a business activity, you need to obtain a trade license:

You can apply for a trade license online (e.g., in Berlin) or at the local trade office. The cost of obtaining a license ranges from 10 to 40 euros, depending on the region.

 

After obtaining a trade license, you must register your business with the tax office:

Fill out the form, which can be submitted online through the ELSTER system or with the help of a tax consultant.

After registration, you will receive a tax number and, if necessary, a VAT number.

 

Opening a separate bank account for the business is necessary for proper bookkeeping:

Many banks offer business accounts specifically designed for entrepreneurs. To open an account, you will need business registration documents and identification documents.

 

 

For certain types of businesses, such as a Limited liability company or Joint-stock company, registration in the commercial register is required:

You need to submit notarized documents to the Commercial Register. The process can take several weeks and requires paying a registration fee.

 

Additional tips

Tax consultant: Hiring a tax consultant can help avoid mistakes and save money on taxation.

Social contributions: Registration in the social security system is mandatory for all employers.

Notarial services play a crucial role in legal transactions in Germany, such as real estate purchases, marriage contracts, business registration, and wills.

 

The role of a notary in Germany

Notaries in Germany perform broader functions compared to notaries in some other countries. They are appointed by the state and act as neutral legal experts, ensuring the legality and correctness of legal documents and transactions. The main duties of notaries include:

Signature certification: Verifying the identity of the parties involved and certifying their signatures.

Contract drafting: Creating legally binding contracts in compliance with German law.

Record keeping: Maintaining detailed documentation of all certified transactions.

Legal advice: Providing consultations on matters related to certified documents.

 

Finding a notary: There are about 9,000 notaries in Germany, most of whom practice privately. In some states, such as Baden-Württemberg, notaries are public servants. Foreigners are advised to find notaries who speak English to ensure understanding of all legal aspects of the transaction.

 

Important points

The need for translation: For foreigners not fluent in German, it is important to ensure the translation of all legal documents and the presence of a translator during certification.

Pre-scheduled appointments: It is recommended to schedule appointments with a notary in advance, especially for complex transactions requiring detailed preparation and document verification.

Document requirements: Make sure all necessary documents are prepared and translated into German by a certified translator to avoid delays in the certification process.

Separate living

Before filing for divorce, couples must live apart for at least one year. This period is necessary to confirm that the marriage cannot be reconciled.

 

Hiring a Lawyer

To file for divorce in Germany, you need a lawyer who specializes in family law. One spouse must file for divorce through their lawyer in a family court. The other spouse does not need their own lawyer if the divorce is mutual and agreed upon.

 

The main documents for filing a divorce application include:

- Identity card (passport).

- Marriage certificate.

- Children’s birth certificates (if any).

- Divorce application prepared by a lawyer.

All documents not in German must be translated by a certified translator.

 

Court Process

After the application is submitted, the court will send the documents to the second spouse for review and response. Both spouses must fill out questionnaires for the division of pension rights and provide information about their pension savings. Once all documents are received, the court will schedule a hearing.

 

Court Hearing

A court hearing usually takes 10-15 minutes for a mutual divorce. The judge asks questions about the separation and both spouses' desire to divorce. If both parties agree, the judge issues a divorce decree. If one spouse objects, the process may take longer and include additional hearings.

 

Divorce Decree

After the hearing is completed, the court issues a divorce decree, which becomes effective immediately after the one-month appeal period expires. If both parties waive their right to appeal through their lawyer, the divorce becomes effective immediately.

 

Important Points

Property Division: Property acquired during the marriage is divided between the spouses. Spouses may reach an agreement on property division to avoid lengthy court proceedings.

Alimony and Child Support: The court may award alimony to the spouse with a lower income and determine the amount of child support based on the parents’ income and the children’s needs.

Right to Stay: A spouse who does not have German citizenship may remain in Germany after divorce under certain conditions, such as the length of the marriage or having a residence permit based on employment.

 

The divorce process in Germany can be complex, especially for foreign nationals, so it is recommended to hire a lawyer specializing in family law and a translator if necessary.

Finding a Lawyer

 

Platforms for Finding Lawyers

Anwaltauskunft.de: This site allows you to find lawyers specializing in various areas of law, including family, labor, immigration, and corporate law. You can use filters to find lawyers who speak English or other languages.

YourXpert.de: An online platform where you can get legal advice at fixed rates. It is a convenient way to get quick and affordable help, especially for resolving minor legal issues.

 

Consultations and Costs

 

Initial Consultation:

Lawyers in Germany usually offer an initial consultation, which may be paid or free. The cost of such a consultation varies but is typically between 159 and 318 euros. During the initial consultation, you can discuss your case and get initial recommendations.

Many lawyers also offer online consultations through Skype, Zoom, or other platforms, allowing you to get help without leaving home.

 

Fee Structure:

In Germany, the cost of legal services is regulated by law and depends on the complexity of the case, the time spent on work, and the lawyer’s qualifications. The overall cost may include hourly rates or fixed fees for specific services. For example, hourly rates for experienced lawyers can vary from 200 to 800 euros depending on the complexity of the case and the lawyer’s expertise.

 

Free Legal Aid

Legal Aid: For people with low incomes, there is a possibility to receive state legal aid. To apply for such aid, you need to contact government agencies, and a lawyer can assist with the application process. This aid can cover court and attorney fees in full or in part, depending on your financial situation.

 

Organizations and Support Services

Pro bono: Some lawyers and law firms offer free services for people who cannot afford to pay for legal services.

Non-profit organizations: Organizations such as Caritas and Diakonie can also offer free legal consultations and support for foreigners and low-income individuals.

 

Features for Foreigners

Lawyers who speak foreign languages: For foreigners who do not speak German, it is important to find a lawyer who speaks their native language or English. Many law firms offer such services and can assist with document translation and consultation in an understandable language.

Translator requirements

Translations of official documents in Germany must be carried out by sworn translators. These translators are appointed by the court and have the authority to certify the accuracy and completeness of translations. Their signature and stamp give the translation legal force.

 

Translation and certification: The translator completes the document translation and then certifies it with their signature and stamp. The certification note includes the date, place, name, and address of the translator, as well as confirmation of the accuracy and completeness of the translation.

 

There are a number of documents in Germany that require a certified translation:

- Birth, marriage, and death certificates

- Court decisions and divorce decrees

- Diplomas and certificates

- Driver's licenses and passports

- Contracts and legal documents

- Immigration and naturalization documents.

 

Additional requirements

Documents issued outside the EU may require an apostille or additional legalization. The apostille confirms the authenticity of the document and may be necessary for the use of the translation abroad.

 

Please note that not all authorities require a sworn translation; for example, when applying for citizenship or a job, notarized translations from the country of origin may be accepted. Sworn translation is required in exceptional cases, and it is always worth clarifying this point.

Germany's judicial system is distinguished by its complexity and structured hierarchy, which includes both ordinary and specialized courts.

 

Main levels of courts

 

Ordinary courts

Local courts: Hear minor civil and criminal cases, as well as rental disputes and family matters.

Regional courts: Hear more complex civil and criminal cases.

Higher regional courts: Hear appeals from regional courts and some specialized cases.

Federal Court: The highest court, which hears appeals on matters of law from higher regional courts.

 

Specialized courts

Administrative courts: Handle disputes between citizens and government bodies.

Labor courts: Deal with labor disputes, collective agreements, and workers' rights.

Social courts: Handle cases related to social benefits, unemployment insurance, and work injury compensation.

Financial courts: Address tax disputes.

 

Judges' appointment process

Judges in Germany undergo rigorous training, which includes two state exams and a mandatory two-year internship. After successfully completing their training and internship, judges can be appointed for life. Judges are appointed at the state or federal level depending on the type of court.

 

Principles of the judicial system's operation

Inquisitorial system: Unlike the Anglo-American system, where judges act as neutral arbiters, German judges actively participate in case investigations. They can question witnesses and parties involved, which helps to explore all circumstances of the case more fully.

Judicial independence: Judges in Germany are independent and accountable only to the law.

 

These features make Germany's judicial system one of the most structured and effective in the world, ensuring high standards of justice and citizen rights protection.

Finding real estate: Real estate in Germany is most often sold through real estate agencies, although private sales are also possible. Use specialized websites and agencies to find real estate.

 

Purchase Arrangement

 

Making an Offer: When you find a suitable property, you need to make an offer to the seller. This offer can be verbal or written, depending on the situation.

 

Signing a Preliminary Contract: After your offer is accepted by the seller, a preliminary contract is concluded. This contract must be drawn up and certified by a notary. The notary plays a key role in the property purchase process in Germany, ensuring the legality and security of the transaction.

 

Document Verification and Payment: The notary checks all documents, verifies the identity of the parties, and ensures transparency of the transaction. After signing the contract, you must pay the purchase price to the specified seller's account. In addition to the property price, you must consider additional costs: real estate transfer tax — from 3.5% to 6.5%, notarial fees — around 1.5%, and registration fees — about 1% of the property's cost.

 

Conclusion of the Deal

 

Registration in the Land Registry: The notary submits documents for the registration of the change of ownership in the land registry. This process can take several weeks. Only after registration do you officially become the owner of the property.

 

Registration and Tax Obligations: After the registration is complete, you need to register the property with local authorities to pay the annual property tax. It’s also important to consider other tax obligations, such as capital gains tax, if you plan to sell the property in the future.

 

Helpful Tips

Real Estate Agencies: Use professional agencies to search for and purchase property. They can help with selecting suitable property and ensuring the correct execution of the transaction.

Notary: Be sure to involve a notary for certifying all documents and verifying the legality of the transaction. This is a mandatory requirement in Germany.

Document Translation: If you don’t speak German, ensure that all documents are translated by a certified translator and, if necessary, involve a translator in all meetings with the notary and agents.

Guardianship

Guardianship is appointed by the court when parents cannot fulfill their parental duties. This can be a temporary or permanent measure depending on the situation.

Legal Responsibilities: The guardian is responsible for the child’s care, including upbringing, education, and medical care, as well as managing the child’s property.

Appointment of a Guardian: The court appoints a guardian considering the child’s interests. Preference is usually given to close relatives or people already familiar with the child. The guardian is required to provide reports on their activities and the child’s condition to the court.

 

Adoption

Requirements for Adoptive Parents: Adoptive parents can be either single individuals or couples. It is important that adoptive parents are at least 25 years old and have a stable financial position. The age difference between the child and adoptive parents usually should not exceed 40 years.

Application Submission: The process begins with submitting an application to the adoption agency or the youth services department. An assessment of potential adoptive parents is then conducted, including a check of housing conditions and a psychological evaluation.

Waiting and Child Selection: After a successful assessment, adoptive parents may be placed on a waiting list. Child selection is carried out considering the child’s interests and the capabilities of the adoptive parents.

Trial Period: Before the finalization of the adoption, the child usually must live with the potential adoptive parents during a trial period, which can last up to a year.

Final Adoption: After successful completion of the trial period and obtaining all necessary approvals, the court issues a decision on final adoption. After this, all legal ties between the child and biological parents cease, and the child receives all rights and obligations as the biological children of the adoptive parents.

Features for Foreigners

International Adoption: Germany is a participant in the Hague Convention on international adoption, which simplifies the process for citizens of participant countries. The procedure includes approval by the central authorities of both the adoptive parents’ country and Germany, ensuring the protection of the child’s rights and adherence to international standards.

Important Points

Legal Support: The adoption and guardianship process requires careful legal support. It is recommended to consult with lawyers specializing in family law to ensure proper documentation.

Parental Consent: In most cases, the consent of the biological parents is required for adoption. However, if the parents are unknown or fail to fulfill their responsibilities, the court may decide without their consent.