Certificate of marital capacity

A certificate of marital capacity certifies that there are no legal obstacles to an intended marriage

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.

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 is granted by the President of the Higher Regional Court.

If you would like to marry abroad as a 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.

  • Extended registration certificate from the competent registration authority showing nationality,
  • birth certificate and certified copy from the birth register,
  • Marriage certificate or civil partnership certificate of the previous marriage or previous civil partnership as well as proof of its dissolution.
  • For foreigners in Germany: § 1309 of the German Civil Code (BGB),
  • for Germans abroad: § 39 Of the Civil Status Act (PStG).

Related Links

  • § 1309 BGB (German Civil Code)
  • § 39 PStG
  • § 1309 BGB (German Civil Code)
  • § 39 PStG

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