Apply for a certificate of marital capacity
To enter into a marriage abroad, German citizens may need a certificate of marital capacity. This also applies to foreigners who want to get married in Germany.
A certificate of marital capacity certifies that there are no legal obstacles to an intended marriage. Whether such a certificate is required depends on the law of the country in which the marriage is to take place.
Getting married as a foreigner in Germany:
If you want to marry as a foreigner in Germany, you must present a certificate of marital capacity from the state of which you are a national; this is a requirement of German marriage law. In this certificate, the competent home authority must confirm that there is no legal impediment to marriage under your home law. Nationals of States whose law does not provide for a certificate of marital capacity need instead a formal exemption from the obligation to produce the certificate of marital capacity; this exemption shall be granted by the President of the Higher Regional Court. For details, please contact the registry office.
Getting married abroad as a German :
If you would like to marry abroad as a German or German, please inquire with the competent foreign authority whether a certificate of marital capacity is required there. The certificate is issued by the registry office of your German residence if there are no obstacles to marriage under German law. Due to international treaties, especially with our immediate neighbouring countries, there are some special features in this area about which your registry office can inform you. The above also applies to homeless foreigners, persons entitled to asylum as well as foreign refugees and stateless persons with their habitual residence in Germany.
As a rule, the identity card or passport of the spouse is required. In addition, further documents may be necessary. Let us advise you best.
§ 1309 Civil Code (BGB)
§ 39 Civil Status Act (PStG)
State Ordinance on fees for general and internal administration, including the police administration (Special List of Fees)
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