Application for the issue of a certificate of no impediment to marriage for German nationals, stateless persons, homeless foreigners or foreign refugees within the meaning of the Convention relating to the Status of Refugees with habitual residence in Germany
Service description
If you are a German citizen wishing to marry abroad, the requirements for marriage are determined by German law.
You can also apply for a German certificate of matrimonial capacity 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 need the certificate of matrimonial capacity to marry abroad.
This regulation is intended to prevent the marriage from being recognised abroad but not in Germany. It is particularly important for any future children that a marriage entered into abroad is also recognised in the country of origin of the German parent.
For this reason, you must always submit a German certificate of no impediment to marriage to the foreign office where you got married. This certificate of no impediment to marriage confirms that there is no impediment to marriage under German law.
If you have more than one nationality, the law of the country with which you are most closely connected will apply.
The German certificate of no impediment to marriage is valid for a period of six months.
Procedure
Apply for the certificate at a German registry office.
- 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 German registry office for a certificate of no impediment to marriage (application form).
- The registrar prepares the application and advises you on the documents still required in individual cases.
- The registrar examines and decides on the outcome of your application and issues the certificate of matrimonial capacity after a successful examination.
Online application:
- In order for the registry office to confirm your eligibility to marry under German law, enter your personal details in the online form and upload the required supporting documents. After an initial review of your application, the registry office can then contact you and tell you which original documents need to be submitted.
- Please note that you will incur fees for the application in accordance with the scale of fees. If the certificate of no impediment is sent by post, additional postage costs may be incurred. The postage costs may only be charged subsequently. If the certificate is sent abroad, the costs will be correspondingly higher.
Prerequisites
The application for a certificate of no impediment to marriage requires German citizenship.
You can also apply for a German certificate of no impediment to marriage if you are a stateless person, homeless foreigner or 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 to marry abroad.
The application can only be made via the registry office.
Preliminary and status enquiries should also not be addressed to the Higher Regional Court, but exclusively to the registry office.
Which documents are required?
- Proof of identity, nationality and parentage, marital status and, if applicable, dissolution of previous marriage(s)
- All documents must be presented in the original. The registry office will provide information on the form in which the documents can be used (e.g. with an apostille or legalisation).
What fees are incurred?
The amount of the fees varies depending on the fee schedule.
What deadlines do I have to observe?
Period of validity: 6 months
Processing time
The processing time depends on the individual case.
Legal basis
- § Section 1309 of the German Civil Code (BGB)
- Article 13 Introductory Act to the German Civil Code (EG-BGB)
- § Section 1303 of the German Civil Code (BGB)
- §§ 1306 ff. German Civil Code (BGB)
- § Section 4 Act on Costs in Matters of Judicial Administration (Judicial Administration Costs Act - JVKostG), Schedule of Costs - Annex (to Section 4 (1)) Schedule of Costs, No. 1330
- Article 12 Geneva Refugee Convention (GRC)
- § Section 12 (3) of the Civil Status Act (PStG)
- § Section 39 of the Civil Status Act (PStG)
- § Section 23 Introductory Act to the Courts Constitution Act (EGGVG)
Legal remedy
- Application for a court decision
- Deadline: 1 month
Applications / Forms
Forms available: Yes, at the registry office
Written form required: Yes
Informal application possible: No
Personal appearance required: Yes
What else should I know?
Further information is also available under the service description "Marriage".
- Marriage
(Hesse administration portal)
- Marriage
Short text
- Issue of certificate of no impediment
- A certificate of no impediment to marriage is an official certificate
- Confirms that under German law there are no obstacles to marriage abroad between two persons, at least one of whom is also a German citizen,
- In particular, there is no lack of capacity to marry or no prohibition of marriage.
- Application possible if you are a stateless person, homeless foreigner or foreign refugee within the meaning of the Convention relating to the Status of Refugees with habitual residence in Germany.
- Responsible: The registry office of the German partner's place of residence is responsible for issuing a certificate of no impediment to marriage for Germans. Foreign nationals can also obtain information there about the certificate of no impediment to marriage in their home country, which they must then obtain from their competent home authority.
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