Certificate of no impediment to marriage for foreigners

Teaser

If you are a foreign national and wish to marry in Germany and your home country does not issue you with a certificate of no impediment to marriage, you can apply for exemption from the requirement to obtain a certificate of no impediment to marriage.

Special information for - City of Rodgau

How do I do this with the city of Rodgau?

When?

How?

  1. Submit the documents in advance by email to standesamt@rodgau.de or send a copy by post
    • Notarised copy from the birth register or the birth certificate of both parties to the marriage in the case of a birth abroad
    • An extended registration certificate if you are resident in Germany
    • In the case of previous marriages/life partnerships, the certificate or dissolution of the marriage/life partnership
    • In the case of foreign spouses, proof of marital status for the application for exemption from providing the certificate of no impediment to marriage with proof of earnings.

  2. Subsequently on site
    • Rodgau, Hintergasse 15 by appointment under the telephone numbers 06106 693-1120, 1215, 1289, 1280

What do I need for this? (documents)

  • To be presented on site in the original
    • Identity card or passport/travel document of the applicant
    • Notarised copy from the birth register or the birth certificate of both parties to the marriage in the case of a birth abroad
    • An extended registration certificate if you are resident in Germany
    • In the case of previous marriages/life partnerships, the certificate or dissolution of the marriage/life partnership
    • In the case of foreign spouses, proof of marital status for the application for exemption from providing the certificate of no impediment to marriage with proof of earnings.

Costs?

  • 47.00 and an additional €23.50 each if foreign law applies.
  • The Higher Regional Court charges additional fees for the exemption from providing the certificate of no impediment to marriage.

General, more detailed information on this service can be found below.

  • Service description

    If you are a foreign national and wish to marry in Germany, the requirements for marriage are determined by the law that applies in your home country.

    This regulation is intended to prevent the marriage from being recognised in Germany but not in your home country. It is particularly important for future children that a marriage entered into in Germany is also recognised in the country of origin of the foreign parent.

    You must therefore submit a certificate of no impediment to marriage from your home country in which the domestic authority of your home country confirms that there is no impediment to the intended marriage under the law of your home country.

    If you have more than one nationality, the law of the country with which you are most closely connected shall apply. If you are also German, the German nationality takes precedence.

    You may be exempted from this obligation in individual cases by the President of the competent Higher Regional Court in whose district the marriage was registered.

    As a rule, this exemption is possible for

    • Nationals of countries whose authorities do not issue certificates of no impediment to marriage,
    • Nationals of countries that issue certificates of no impediment to marriage if this is objectively impossible. This applies, for example, to situations in which foreign law prohibits marriage for reasons that are incompatible with the constitutionally guaranteed freedom to marry (e.g. if remarriage after divorce is prohibited under foreign law)

    Recognised persons entitled to asylum, foreign refugees, homeless foreigners and stateless persons with permanent residence in Germany do not require a certificate of no impediment to marriage or an exemption. Their legal status must be proven by a corresponding travel document.

    In the case of an exemption, the President of the Higher Regional Court checks instead of the foreign authority whether there is an obstacle to marriage under the home country's law or whether a prerequisite for marriage is missing. There must also be no impediment to marriage under German law. In this context, it may be necessary to check whether any previous marriages have been effectively dissolved. The exemption is valid for a period of six months.

  • Procedure

    Register your marriage at the registry office responsible for you.

    • Apply there for exemption from providing the 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 application is forwarded to the competent Higher Regional Court together with the complete documents and evidence.

  • Responsible office

    Jurisdiction lies with the Higher Regional Court responsible for you.

  • Prerequisites

    The application for exemption from providing a certificate of no impediment to marriage always requires the registration of a marriage at the relevant registry office.

    The application for exemption can only be submitted via the registry office.

    Preliminary and status enquiries are also not to 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).
    • Proof of earnings for both fiancées, showing the monthly net income, for the calculation of the processing fee (for the court decision)

  • What fees are incurred?

    • for exemption from providing a certificate of no impediment to marriage: EUR 15.00 to EUR 305.00
    • if the application is rejected or withdrawn: half of the fee for granting the exemption, but at least EUR 15.00

  • What deadlines do I have to observe?

    There are no deadlines to be observed.

  • Processing time

    • depending on the individual case

  • Legal basis

    Civil Status Ordinance of the respective federal state and:

  • Legal remedy

    • Application for a court decision
    • Deadline: 1 month

  • Applications / Forms

    • Forms: at the registry office
    • Online procedure possible: no
    • Written form required: yes
    • Personal appearance required: OLG: no

  • What else should I know?

    Information on the certificate of no impediment to marriage for foreigners in the portal of the state of Saxony.

  • Remarks

    When preparing for your wedding, be sure to plan for the possible duration of the procedure for exemption from providing a certificate of no impediment to marriage.

  • Short text

    • Certificate of no impediment to marriage for foreigners
    • Exemption from providing a certificate of no impediment to marriage from the foreigner's home country
    • An application for exemption from providing a certificate of no impediment to marriage always requires the registration of a marriage at the relevant registry office.
    • Recognised persons entitled to asylum, foreign refugees, homeless foreign nationals and stateless persons with permanent residence in Germany do not require a certificate of no impediment to marriage or an exemption. Their legal status must be proven by means of an appropriate travel document.
    • Responsible for the application: registry office at the place of residence or habitual abode of one of the fiancées

  • Typing

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  • Library entry status

    6

Responsible departments

Responsible employees