Certificate of no impediment to marriage Exemption for foreigners

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

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 recognized in Germany but not in your home country. It is particularly important for future children that a marriage entered into in Germany is also recognized in the country of origin of the foreign parent.

For this reason, you must always submit a certificate of matrimonial capacity from your home country in which the internal authority of your home country confirms that there are no obstacles 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 will apply. If you are also German, the German nationality takes precedence.

You can 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)

Recognized 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 an appropriate 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 marriage requirement 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.

Jurisdiction lies with the Higher Regional Court responsible for you.

Please contact the registry office responsible for you.

• Proof of identity, nationality and parentage, marital status and, if applicable, dissolution of previous marriage(s)
• All documents must be submitted in the original. The registry office provides information on the form (e.g. with apostille or legalisation) in which the documents can be used.
• Proof of earnings for both fiancées, from which the monthly net income results, for the calculation of the processing fee (for the court decision)

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

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

The application for exemption can only be made through the registry office.

Also, inquiries about the status and status are not to be addressed to the Higher Regional Court, but exclusively to the registry office.

Civil status ordinance of the respective federal state and:

• Application for a judicial decision
• Deadline: 1 month

Register your marriage at the registry office responsible for you.

• Apply there for exemption from the production of the certificate of no impediment to marriage (application form).
• The registrar prepares the application and advises you in individual cases on any documents still required.
• The application is forwarded to the competent Higher Regional Court with the complete documents and evidence.

There are no deadlines to be observed.

• depending on the individual case

• for exemption from the production of the certificate of no impediment to marriage: 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 at least EUR 15.00

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

Be sure to plan for the possible duration of the procedure for exemption from the provision of a certificate of no impediment to marriage in your wedding preparations.