Certificate of no impediment to marriage: apply for exemption from the obligation to present a certificate for foreign nationals

If you want to get married in Germany as a foreign national, 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 always present a certificate of no impediment to marriage from your home country. This certificate of no impediment to marriage is issued by the competent authority in your home country to confirm that there is no impediment to 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 also have German nationality, this takes precedence.

In individual cases, you can apply for an exemption from the obligation to present a certificate of no impediment to marriage. This is done at the President of the competent Higher Regional Court in whose district you have registered the marriage.

You are eligible for this if you belong to one of the following groups of people:

• 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, among other things, to situations in which foreign law refuses marriage for reasons that are incompatible with the constitutionally guaranteed freedom to marry, for example, if the foreign law prohibits remarriage after a divorce.

You do not need a certificate of no impediment to marriage and no exemption if you belong to the following group of people:

• Recognised persons entitled to asylum,
• foreign refugees,
• homeless foreign nationals and
• Stateless persons with permanent residence in Germany.

Your status must be proven by a corresponding travel document.

If you apply for an exemption from the certificate of no impediment to marriage, the President of the Higher Regional Court will check instead of the foreign authority whether there is an impediment to marriage under the law of your home country or whether a requirement for marriage is missing. There must also be no impediment to marriage under German law. It may therefore be necessary to check whether any previous marriages have been effectively dissolved in this context.

The exemption is valid for a period of 6 months.
 

• § Section 13 Introductory Act to the German Civil Code (EGBGB)
• §§ Sections 1306 to 1309 of the German Civil Code (BGB)
• § Section 4 Act on Costs in Matters of Judicial Administration (Judicial Administration Costs Act - JVKostG)
• 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. 1331
• § Section 12 of the Civil Status Act (PStG)
• § Section 23 Introductory Act to the Courts Constitution Act (EGGVG)
• Article 12 Geneva Refugee Convention (GRC)

To apply for the exemption, you need:

• Original documents, notarised copies are generally not sufficient:
  • identity, nationality, parentage and marital status
    • Passport,
    • Identity card or
    • Suitable identification document
  • If applicable, for the dissolution of previous marriages: Marriage certificate and, for example, death certificate, transcript from the marriage register or divorce decree with final judgement
• The documents must not be older than 6 months from the time they are issued until they are presented to the registry office. Your registry office will inform you about the form in which the documents can be used (e.g. with apostille or legalisation)
• Proof of earnings for both fiancées, showing the monthly net income, to calculate the processing fee for the court decision
• Current certificates of residence from the German registration office with explicit indication of the marital status for both fiancées, provided they are resident in the Federal Republic of Germany
• For foreign fiancés who are still living abroad: an original certificate of residence issued by the competent home authority with a translation into German

The following requirements must be met in order to obtain an exemption from presenting or providing proof of a certificate of no impediment to marriage:

• You have registered a marriage at the relevant registry office.
• There must be no impediment to marriage under German law, for example:
  • if one of the persons who wish to enter into the marriage is already married to a third person or is in a civil partnership
  • if the persons are related to each other in a direct line and between siblings of the same parents or siblings who have only one parent in common
  • if any previous marriages have not been effectively dissolved
  • if one of the persons has previously been adopted by the other person

You can only apply for exemption via the registry office. You also do not have to address preliminary and status enquiries to the Higher Regional Court, but only to the registry office.

• Register your marriage at the registry office responsible for you.
• Apply there for exemption from presenting/proving the certificate of no impediment to marriage (application form). It is not possible to apply directly to the Higher Regional Court. The registry office is your sole point of contact for the exemption procedure.
• The registrar prepares the application and advises you on the documents still required in individual cases.
• The registry office forwards your application with the complete documents and evidence to the competent higher regional court.
• The President of the Higher Regional Court examines on behalf of the foreign authority whether there is an obstacle to the marriage under home country law or whether a prerequisite for marriage is missing.
• You will receive a notification informing you of the decision on your application.
• You will also receive a notice of costs. Pay the fees.

Forms:
Online procedure possible:
Written form required:
Personal appearance required:

Application for a court decision