The contents of these pages have been automatically translated into the selected language. Deviations from the contents of the original page are therefore possible.
Unmarried with child
What couples without a marriage certificate should know
Parenting without a marriage certificate: What do we need to consider?
It has long been normal today for parents to lead an equal partnership without a marriage certificate. About every third child that is born has unmarried parents. If mother and father are not married, however, it is important to clarify some formal matters in good time, preferably before the birth.
Unmarried with child: what makes the difference?
Who gets unmarried children, must clarify some legal and financial issues, which are already regulated in married couples. So benefit couples without marriage vows, for example, not from all family-friendly tax savings or the benefits of inheritance law. Some things like paternity and custody must be regulated at the birth of a child more elaborately than in a marriage that took place before becoming parents. Also what concerns the not legally regulated pension equalization, unmarried couples should think about in time. Inform yourself here about the most important questions and answers.
.
If the parents of a child are not married to each other, paternity must be officially declared. This can be done during pregnancy or after birth. A paternity acknowledgment must be confirmed by the registry office or youth welfare office or by a notary. The mother of the child must agree to the declaration. Read on the subject paternity acknowledgment the detailed article here on the Familienportal.NRW.
.
In the case of unmarried couples, the mother automatically receives sole custody at first. If both partners want to exercise custody jointly, the parents must apply to the youth welfare office for joint custody. Only after recognition is the biological father also the legal father. Custody can be applied for together with the paternity acknowledgment even before the birth.
.
If, in the case of unmarried parents, the mother alone has custody at the time of birth, the child will be given the mother's name. If the parents have already made a joint declaration of custody before the birth, then the child can receive the name of the mother or the father as the name at birth. Any further joint child bears the same surname as the first child. It is not possible to form a double name from both surnames.
There are no differences in the entitlement to parental allowance between married and unmarried parents. The parent who takes care of the child can claim parental allowance. Parental allowance is also available to unmarried fathers. Condition: The father lives with the child in the same household and his paternity is recognized. Detailed information on the topic parental allowance can be found here on the Familienportal.NRW.
.
Also in the entitlement to parental leave there are no differences between married and unmarried couples. Each parent is entitled to up to 36 months of parental leave. Detailed information on the topic parental leave can be found here on the Familienportal.NRW.
.
The answer is: It depends on the case:
If the parents are both covered by statutory health insurance, parents have the choice of whether the child should be co-insured non-contributory either with the father or with the mother.
.
If one parent is legally and the other privately health insured, the child can also be co-insured non-contributory in the statutory health insurance. This is even an advantage over married parents, because there the choice is not easily possible.
.
If both parents are privately insured, however, a contributory private health insurance must also be concluded for the child.
Unmarried persons always receive the tax class 1. Both parents must submit their own tax return.
.
Who is unmarried and raising a child alone, can change from tax class 1 to tax class 2. More information on choosing tax brackets for families and tax allowances can be read here on the Familienportal.NRW.
.
Parents without a marriage certificate benefit just like married couples from the tax-free child allowance. He is entitled to both partners each half.
Also childcare costs can be deducted for tax purposes. Read more in the article "Tax benefits for families" here on the Familienportal.NRW.
.
Heirs without a marriage certificate: Unmarried partners are strangers before the tax office
Children of unmarried parents are fully entitled to inherit just as children of couples with a marriage certificate.
However, there are no legal regulations for unmarried parents. If one partner dies, the other goes empty-handed. Unmarried partners do not even have an officially legitimized right to a say when it comes to questions of burial or funeral services. The survivor receives no inheritance, no compulsory portion and also only limited statutory inheritance tax benefits. While spouses enjoy inheritance allowances of 500,000 euros, unmarried partners receive only an allowance of 20,000 euros.
.
If couples want to protect each other, they must make a will. Each partner must write his last will personally in an individual will. For unmarried partners it is not possible to draw up a joint will.
.
But it is possible to draw up a joint inheritance contract, which is notarized by a notary. This is legally secure and can provide greater security, because a personal will can be changed at any time without the knowledge of the partner, an inheritance contract, however, not.
.
Traveling with a child: Do not go abroad without a declaration of consent
When you travel abroad with your child, it can happen that the border officials at home and abroad look quite closely at the passport control and ask. Especially if the accompanying person and the child have a different last name, skin color or nationality.
.
For this case, unmarried parents should take for safety's sake in addition to the child passport statements of the second guardian. When traveling with minor children is recommended to carry the following documents:
.
An informal declaration of consent of the other person with custody with details of the minor, if applicable, personal details of the accompanying person(s) and destination
.
Personal details and availability of the other custodial person
.
Copy of the other custodial person's ID data page
.
This is intended to facilitate the work of the border police with regard to the prevention of possible child abduction or unauthorized removal of the child from the sphere of influence of a legal guardian.
Attention pension trap: Compensation of pension gaps
Couples who live together without a marriage certificate must think about a compensation of the pension gaps. While in married couples a pension equalization for the acquired pension rights during the marriage takes place, there is no comparable legal regulation for unmarried partners.
.
A contractual arrangement can be made via a so-called partnership agreement. In such a contract, compensation payments can be agreed in the event of a separation.
.
Also there is a widow's pension only in the case of marriage. To hedge can be privately a term life insurance.
.
Where can we find help and advice?
Counseling on issues relevant to unmarried parents is available at the youth welfare offices.
Social law and psychosocial advice is offered by all Pregnancy advice centers in North Rhine-Westphalia. On issues of pension equalization, you can get advice at the Counseling Centers of the German Pension Insurance.
.
When it comes to the contractual compensation of tax and legal disadvantages, lawyers and notaries help.
.
More informationLinks for further reading
A brochure on the subject "The custody and access rights" can be found on the net on the website of the Ministry of Justice NRW.
