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Marriage with a foreign partner

For the establishment of a marriage, the civil marriage is fundamentally necessary in the German legal field.

When examining the so-called marital capacity of foreign spouses (certificate of marital capacity of the home state), it depends on whether legal obstacles to marriage arise from the respective home law of the foreign partner. This examination is intended to prevent a marriage being concluded in Germany that is ineffective, voidable or invalid in the spouse's home country.

The marriage is performed by a civil registrar within the framework of the civil marriage of two persons.

The only exception is the marriage of two foreign nationals, before a married person duly authorised by the government of the home State, in the form prescribed by the law of that State, in so far as one of the fiancées is a national of that State.

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)

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