Issuance of a certificate of marital capacity for stateless persons, persons entitled to asylum, recognised refugees and persons whose nationality cannot be ascertained, with habitual residence in Germany

If they wish to marry abroad, it may be that there is a legal norm in the intended state of marriage that requires the submission of such a certificate.

The issuance of a certificate of marital capacity for marriage abroad is also possible in Germany for stateless persons, persons entitled to asylum, recognised refugees and persons whose nationality cannot be ascertained.

The issue is carried out by the registry office in whose jurisdiction the applicant has his domicile or habitual residence.

The certificate of marital capacity is valid for a period of six months.

  • As with a German citizen, the requirements, type and format of the evidence to be provided and the examination of the marriage requirements are governed by German law.
  • Public documents must prove:
    • The civil status.
    • The domicile, habitual residence.
    • Nationality.
    • As well as, if applicable, the last marriage and/or civil partnerships and their dissolution.

Preconditions

  • If the person who wishes to marry abroad has one of the following staff regulations:
  • Stateless
  • Entitled to asylum
  • recognised refugee
  • or persons whose nationality cannot be established,
  • as well as their habitual residence in Germany.
  • § 13 PStG
  • § 39 PStG
  • § 1309 paragraph 1 sentence 1 and 2 BGB
  • The issuance of a certificate of marital capacity is requested from the competent registry office.
  • If the examination shows that there is no impediment to the intended marriage under German law and the necessary information on the person of both spouses has been provided, the registry office issues the requested certificate of marital capacity.

Responsible for the content
Lower Saxony Ministry of the Interior and Sport

Last update or date of publication
08.03.2016