Marrying More Than One Wife at the Same Time in Germany
Legal Position, Consequences and (Non-existent) Exceptions
Marriage to more than one wife at the same time – often referred to in Islamic law as “polygamy” – is permitted in some countries for religious or cultural reasons.
In Germany, however, whose civil law is based on the principles of equality and secularism, this type of marriage is explicitly prohibited and treated as a violation of the legal order.
In this article, we explain the legal status of polygamy in Germany, its consequences and the difference between a polygamous marriage registered abroad and the marriage that is actually recognised inside Germany.
What is the legal position in Germany?
Under the German Civil Code (Bürgerliches Gesetzbuch – BGB), the rules are very clear:
No person may be married in more than one marriage at the same time.
Any attempt to enter into a second marriage while a first marriage still exists is void and not recognised under German law.
The relevant provision is:
Section 1306 BGB – Prohibition of double marriage
“Eine Ehe darf nicht geschlossen werden, wenn bereits eine Ehe oder eine Lebenspartnerschaft besteht.”
(“A marriage may not be entered into if a marriage or a civil partnership already exists.”)
Is polygamy punishable under German law?
Yes – but with important distinctions:
If a person attempts to contract a second marriage inside Germany while already being married, this second marriage is legally null and void.
It is not registered at the civil registry office (Standesamt) and has no legal effects.
If the person uses forged or false documents, or deliberately deceives the German authorities, criminal proceedings may follow – for example for fraud, providing false information or forgery.
By contrast:
A second marriage validly concluded abroad is not recognised in Germany if the person is already in a marriage that is recognised here.
In the eyes of German law, that person is treated as being married to only one spouse.
What if the second marriage was concluded in a country where polygamy is legal?
In such cases, Germany applies the principle of ordre public, often referred to as “public policy”.
This principle means:
“A foreign legal relationship will not be recognised in Germany if it clearly contradicts the fundamental principles of the German legal order.”
Therefore:
Even if the second marriage is fully valid under the law of the country of origin (such as Syria, Iraq, Morocco and others),
it will not be recognised in Germany.
The practical result:
The second marriage is ignored by German authorities when it comes to residence rights, family reunification, taxation, social security benefits and inheritance.
What are the legal consequences of polygamy in Germany?
| Field | Legal effect in Germany |
|---|---|
| Marriage registration | Second marriage is refused registration by the Standesamt |
| Residence & nationality | Family reunification is only possible for one spouse |
| Taxes & social security | Only one legally recognised partner is taken into account |
| Divorce & maintenance | Only the first, legally recognised wife has rights under German law |
| Inheritance | Inheritance as a spouse is granted only to the first recognised wife |
Are there any exceptions?
No.
German law does not recognise polygamy in any form:
No religious argument (e.g. reference to Islamic law),
no cultural tradition,
no origin from a country where polygamy is common or legal
can override the German prohibition or lead to the recognition of a second (or third) spouse.
Even Muslims who enjoy full freedom of religion in Germany cannot have a second marriage registered or legally protected in terms of maintenance, inheritance or migration law.
Can a person be punished by the authorities?
Simply having two marriages in one’s country of origin does not automatically lead to punishment in Germany – as long as the person does not try to use this second marriage within the German legal system.
Criminal or migration law consequences may arise in particular when:
a person deliberately provides false information to authorities, or
attempts to obtain a residence permit, social benefits or other advantages on the basis of the second marriage.
In such cases, provisions of the German Residence Act (Aufenthaltsgesetz – AufenthG) and the Criminal Code (Strafgesetzbuch – StGB) may apply, for example on fraud or the abuse of public benefits.
Practical example
A Syrian man lives in Germany and is civilly married to one woman here.
He travels to Syria and concludes a second marriage according to Islamic law.
He then returns to Germany and attempts to bring his second wife via family reunification.
Outcome in Germany:
The application for family reunification of the second wife is refused.
The German authorities consider him to be married to only one woman – the wife whose marriage is recognised in Germany.
The second marriage cannot be registered or used to claim residence, tax or social security rights.
Summary: key questions and answers
| Question | Answer |
|---|---|
| Does German law allow polygamy? | No, it is explicitly prohibited. |
| What if the second marriage took place abroad? | It is not legally recognised in Germany. |
| Can the second marriage be registered at the Standesamt? | No. |
| Can the authorities punish polygamy? | Only if there is deception or false information. |
| Is there any right to family reunification for the second wife? | No. |
Key legal terms (German):
| German term | Meaning in English |
|---|---|
| Doppelehe | Double marriage / polygamous marriage |
| Standesamt | Civil registry office |
| Ordnung der öffentlichen Sicherheit | Public order / ordre public |
| Ehefähigkeitszeugnis | Certificate of no impediment to marry |
| AufenthG (Aufenthaltsgesetz) | German Residence Act |
Conclusion
Polygamy, though religiously or culturally accepted in some societies, fundamentally conflicts with the German civil law system.
In Germany, multiple marriages are prohibited, not recognised and have no civil-law effect – even if they were validly concluded abroad.
Anyone living in Germany must understand that, in matters of marriage, family reunification, maintenance and inheritance, only a single, monogamous marriage is recognised and protected by law.
Respecting the national legal framework is therefore essential for a secure and lawful life in Germany.
The team of authors and editors of this website strives to provide accurate information based on thorough research and several sources. Nevertheless, errors may occur or certain details may be incomplete or not yet definitively clarified from a legal perspective. Please therefore treat the information in this article as an initial point of orientation and always consult the competent authorities or qualified professionals for binding and up-to-date advice.
