The first step in marriage is basically the engagement – that is, the agreement that marriage will take place in the future. The prerequisite for such an engagement is the existence of a mutual promise of marriage. However, it is not yet necessary for a specific wedding date to be set.
The engagement itself does not give rise to a claim for the conclusion of a marriage contract. However, in the event of a withdrawal from the engagement, the blameless party may claim damages. Such a claim is also available to third parties who have made dispositions (e.g., a parent who has already financed the honeymoon).
The conclusion of the marriage itself is also a contract. The essential conditions for the conclusion of this marriage contract are:
- Capacity to contract marriage
- No existence of a marriage ban
- Compliance with formal requirements
Whether these requirements are met at the time of the marriage is to be determined by the civil status authority in the course of an oral hearing, with the fiancées present. If there are deficiencies, these can in the worst case lead to a so-called “non-marriage”—the consequences of course always depend on the nature of the deficiency.
