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Marriage certificate issue

A certificate of no impediment to marriage certifies that there are no legal obstacles to an intended marriage. Whether such a certificate is required depends on the law of the country in which the marriage is to take place.

If Germans wish to marry abroad, they must enquire with the competent foreign authority as to whether a certificate of no impediment to marriage is required there.

The certificate is issued by the registry office of their German place of residence if there are no obstacles to the intended marriage under German law.

Information on both spouses must always be provided in the certificate of no impediment to marriage, so that proof is also required from both fiancées.

A certificate of matrimonial capacity is a certificate issued by the competent German registry office for marriage abroad. It certifies that there are no obstacles to the intended marriage under German law.

  • Valid identity card or passport of the spouses
  • The following must be proven by public documents
    • the marital status
    • domicile or habitual residence
    • nationality and
    • if applicable, the last marriages and/or civil partnerships and their dissolution

The registry office may require further documents. Ask the registry office for advice in advance.

To apply for a certificate of no impediment to marriage, at least one of the fiancées must be a German citizen.

You can also apply for a German certificate of no impediment to marriage if you are a stateless person, a homeless foreigner or a foreign refugee within the meaning of the Convention relating to the Status of Refugees with habitual residence in Germany and you require the certificate of no impediment to marriage for marriage abroad.

Furthermore, the same requirements must be met as when registering for marriage:

  • You must both be of legal age.
  • You must not be related to each other in a direct line or be full or half siblings.
  • If you were already married or in a registered civil partnership, the previous marriage or civil partnership must have been dissolved.

  • Examination of the marriage requirements when issuing a certificate of no impediment to marriage, if only German law is to be observed: 55 euros
  • Examination of the marriage requirements if foreign law is to be observed: 80-160 euros (depending on the effort involved)
  • In individual cases, the fees may increase (inclusion of an application for recognition of a foreign decision in matrimonial matters for submission to the competent judicial authority (40 euros) or review of a foreign decision in matrimonial or civil partnership matters by the registry office: 50 euros)

  • Find out from the foreign office where you are getting married whether a German certificate of no impediment to marriage is required.
  • Apply to the relevant German registry office for a certificate of no impediment to marriage.
  • The relevant registry office will advise you on the documents still required in individual cases.
  • Submit all required documents to the registry office.
  • If there are no obstacles to marriage, the registry office will issue the certificate of no impediment.

Depending on the individual case

The certificate of no impediment to marriage is valid for six months from the date of issue.

Application for a court decision. Deadline: 1 month.

  • The registry office in whose jurisdiction the person entering into the marriage has his or her place of residence (main or secondary residence) or habitual abode is responsible.
  • If the person entering into the marriage has neither domicile nor habitual residence in Germany, the place of the last habitual residence is decisive.
  • If the person entering into the marriage has never or only temporarily resided in Germany, the registry office I in Berlin is responsible.

Jurisdiction lies with the registry office in whose jurisdiction one of the spouses is domiciled or habitually resident.

If the person entering into the marriage has neither domicile nor habitual residence in Germany, the place of the last habitual residence is decisive.

If the person entering into the marriage has only stayed in Germany temporarily, the registry office I in Berlin is responsible in accordance with Section 39 (1) of the Civil Status Act (PStG).

The text was automatically translated based on the German content.