Application for exemption from the requirement to present the certificate of no impediment to marriage for foreign nationals
If you want to marry in Germany as a foreign citizen or as a foreign citizen, the requirements for marriage are determined by the law that applies in your home country.
The purpose of this regulation is to prevent the marriage from being recognised in Germany, but not in your home country. Especially for future children, it is of great importance that a marriage contracted in Germany is also recognized in the country of origin of the foreign parent.
Therefore, you must always present a certificate of no impediment to marriage from your home country. With this certificate of no impediment to marriage, the competent authority of your home country confirms that there is no obstacle to marriage under the law of the home country.
If you have more than one nationality, the law of the country with which you are most closely connected will apply. If you also have German citizenship, this will take 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 by the President of the competent Higher Regional Court in whose district you have registered the marriage.
This is an option for you if you belong to one of the following groups of people:
- Citizens of countries whose authorities do not issue certificates of no impediment to marriage.
- Nationals of countries that issue certificates of no impediment to marriage, but if this is objectively impossible. This applies, among other things, to situations in which foreign law refuses to marry for reasons that are incompatible with the freedom to marry guaranteed by the Basic Law, for example if the foreign home law prohibits remarrying after a divorce.
They do not need a certificate of no impediment to marriage or an exemption if they belong to the following group of persons:
- Recognised persons entitled to asylum,
- foreign refugees,
- homeless foreigners and
- Stateless persons with permanent residence in Germany.
Your status must be proven by an appropriate travel document.
If you apply for an exemption from the certificate of no impediment to marriage, the President of the Higher Regional Court examines on behalf of the foreign authority whether there is an obstacle to marriage under the law of the home country or whether a prerequisite for marriage is missing. According to German law, there must also be no impediment to marriage. Under certain circumstances, it may 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.
Process flow
You can only apply for exemption through the registry office. You also do not have to send preliminary and status inquiries 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 the submission/proof of the certificate of no impediment to marriage (application form). It is not possible to file an application directly with the Higher Regional Court. The registry office is your sole point of contact in the exemption procedure.
- The registrar will prepare the application and advise you on any documents you may still need in individual cases.
- The registry office will forward 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 marriage under the law of the home country or whether there is no prerequisite for marriage.
- You will receive a notification informing you of the decision on your application.
- You will also receive a notice of costs. Pay the fees.
Requirements
In order to obtain an exemption from the submission or proof of a certificate of no impediment to marriage, the following requirements must be met:
- You have registered a marriage at the relevant registry office.
- According to German law, there must be no impediment to marriage, for example:
- if one of the persons who wish to marry each other is already married to a third person or lives in a civil partnership
- if the persons are directly related to each other 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 been previously adopted by the other person
Which documents are required?
To apply for the exemption, you will need:
- Proofs in the original, certified copies are usually not sufficient:
- identity, nationality and 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, copy from the marriage register or divorce decree with a final note
- identity, nationality and parentage and marital status
- The documents must not be older than 6 months from the time the certificates are issued to the registry office. Your registry office will inform you in which form (e.g. with apostille or legalisation) the documents can be used
- Proof of earnings for both fiancées, from which the monthly net income is derived, for the purpose of calculating the processing fee for the court decision
- up-to-date residence certificates from the German registration office with explicit indication of the marital status for both fiancées, provided that they are domiciled in the Federal Republic of Germany
- For foreign fiancées who are still abroad: an original certificate of residence issued by the competent home authority with translation into German
What are the fees?
- For the exemption from the presentation / proof of the certificate of no impediment: EUR 15.00 to EUR 305.00
- In case of rejection or withdrawal of the application: half of the fee for granting the exemption, but not less than EUR 15.00
What deadlines do I have to pay attention to?
You don't have to observe any deadlines. However, be sure to plan for the possible duration of the procedure in your wedding preparations.
Legal basis
Article 13 Introductory Act to the Civil Code (EGBGB)
Sections 1306 to 1309 of the German Civil Code (BGB)
§ 4 Justice Administration Costs Act (JVKostG)
Article 12 of the Geneva Convention on Refugees (GRC)
Applications / forms
Forms:
Online procedure possible:
Written form required:
Personal appearance required:
Appeal
Request for a court decision
Technically approved by
Federal Ministry of the Interior, Building and Community
Professionally released on
25.10.2021
Author
The text was automatically translated based on the German content.
