Issuing a certificate of matrimonial capacity for foreign persons

If they wish to marry abroad, there may be a statutory standardisation in the intended state of marriage, which requires the presentation of such a certificate. In Germany, it is also possible to issue a certificate of matrimonial capacity for marriage abroad for stateless, homeless foreigners, asylum-seekers and recognised refugees with habitual residence in Germany.

The conditions, the nature and format of the evidence to be provided and the examination of the conditions for marriage are governed by German law, as in the case of persons with German nationality. Public documents must prove: the civil status, residence or habitual residence, nationality and, if applicable, the last marriage and its dissolution or the establishment and dissolution of the last civil partnership.

The certificate of matrimonial capacity, which requires a foreigner with a habitual residence in Germany to marry abroad, is issued on request to persons with a German staff statute. These are: stateless person homeless changers, Persons entitled to asylum and recognised refugees.
The issuance of a certificate of matrimonial capacity is requested by the competent registry office. If the intended marriage is not precluded by german law and the necessary information is provided on both spouses, the registry office shall issue the certificate of matrimonial capacity applied for.

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