One And The Same Affidavit Template for Germany

When your name appears differently across various official documents in Germany, you need a One And The Same Affidavit to establish your legal identity. This notarized document formally declares that all variations of your name refer to the same person, eliminating confusion and potential legal complications.

When do you need this document?

You'll require a One And The Same Affidavit when conducting property transactions where your name appears differently on title deeds and identification documents. Banking institutions often request this affidavit when opening accounts or processing international transfers if your passport shows a different name variation than your German residence permit. Employment situations may also necessitate this document when your work authorization displays one name version while your academic credentials show another. Immigration and visa applications frequently require this affidavit to clarify name discrepancies between birth certificates and marriage documents, particularly for individuals who have changed names due to marriage or divorce.

Key legal considerations

The affidavit must include comprehensive personal information, including your current legal name, previous names, and any alternative spellings or transliterations. You must provide a detailed explanation of circumstances leading to name variations, such as marriage, divorce, legal name changes, or cultural transliteration differences. Documentary evidence supporting each name variation should accompany the affidavit, including marriage certificates, divorce decrees, or official name change orders. The document requires precise language stating unequivocally that all listed name variations refer to the same individual. Any false statements in the affidavit can result in criminal liability under German law, making accuracy and completeness essential.

Legal requirements in Germany

Under the Beurkundungsgesetz, your One And The Same Affidavit must be notarized by a qualified German Notar to achieve legal validity. The Bundesnotarordnung requires the notary to verify your identity through official identification before administering the oath. You must personally appear before the notary; remote or proxy execution is not permitted under German notarial law. The Personenstandsgesetz may apply if your affidavit relates to personal status changes like marriage or divorce. The notary will maintain permanent records of the notarization as required by German administrative law. BGB sections 126-129 govern the formal requirements for legal declarations, ensuring your affidavit meets statutory standards. The VwVfG section 34 applies when the affidavit is needed for administrative proceedings, requiring specific certification procedures.