Unmarried with child

What couples without a marriage certificate should know

Text last updated: 2023-04-01

Parenthood without a marriage certificate: what do we need to consider?

It has long been normal for parents to have an equal partnership without a marriage certificate. Around one in three children born has unmarried parents. However, if the mother and father are not married, it is important to clarify a few formal matters in good time, preferably before the birth.

Image

Unmarried with a child: What makes the difference?

Whoever has children without being married must clarify some legal and financial issues that are already settled for married couples. For example, couples without a marriage vow do not benefit from all the family-friendly tax savingsor the advantages of inheritance law. Some things, such as paternity and custody, have to be regulated more elaborately when a child is born than when a marriage takes place before becoming parents. Unmarried couples should also think about pension equalization, which is not regulated by law, in good time. Find out about the most important questions and answers here.

Heirs without a marriage certificate: unmarried partners are strangers to the tax office

Children of unmarried parents are just as entitled to full inheritance rights as children of couples with a marriage certificate.

However, there are no legal regulations for unmarried parents. If one partner dies, the other goes away empty-handed. Unmarried partners do not even have an officially legitimized right to have a say when it comes to questions of burial or funeral services. The surviving spouse receives no inheritance, no compulsory portion and only limited statutory inheritance tax benefits. While spouses enjoy inheritance allowances of 500,000 euros, unmarried partners only receive an allowance of 20,000 euros.

If couples want to protect each other, they must make a will. Each partner must write their last will and testament personally in an individual will. It is not possible for unmarried partners to draw up a joint will.

However, it is possible to draw up a joint inheritance contract that is notarized by a notary. This is legally secure and can provide greater security, as a personal will can be changed at any time without the partner's knowledge, whereas an inheritance contract cannot.

Traveling with a child: Do not go abroad without a declaration of consent

If you are traveling abroad with your child, border officials at home and abroad may look very closely and ask questions at passport control. Especially if the accompanying person and the child have a different surname, skin color or nationality.

In this case, unmarried parents should take declarations from the second legal guardian in addition to the child's passport to be on the safe side. When traveling with underage children, it is recommended to carry the following documents:

  • an informal declaration of consent from the other custodial person with details of the minor, personal details of the accompanying person(s) if applicable and the destination or itinerary
  • Personal details and availability of the other person with custody
  • Copy of the other custodial person's ID 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 parent or guardian.

Attention pension trap: compensation for pension gaps

Couples who live together without a marriage certificate need to think about equalizing pension gaps. While pension equalization takes place for married couples for the pension entitlements acquired during the marriage, 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 separation.

A widow's pension is also only available in the event of marriage. A term life insurance policy can be taken out privately for protection.

Where can we find help and advice?

There are many support and advice services for families in North Rhine-Westphalia. The Familienlotse of the Familienportal.NRW makes it easier to search and find your way around. It helps you to quickly and easily find the right offer near your place of residence.

You can get advice on pension equalization issues at the advice centres of the German Pension Insurance (Deutsche Rentenversicherung).

When it comes to contractual compensation for tax and legal disadvantages, lawyers and notaries can help.

You can find a brochure on the subject of "Custody and access rights" on the website of the NRW Ministry of Justice.