Ehefähigkeitszeugnis Befreiung für Ausländer

Civil status ordinance of the respective federal state and:

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 wish to marry in Germany as a foreign national, the conditions for marriage are determined by the law applicable in your home country.

This regulation is intended to prevent the marriage from being recognised in Germany but not in your home country. Especially for future children, it is of great importance that a marriage concluded in Germany is also recognized in the country of origin of the foreign parent.

Therefore, you must in principle submit a certificate of no impediment to marriage from your home country, in which the internal authority of your home country confirms that there is no impediment to marriage under the law of the home country.

If you have more than one nationality, the applicable law is the law of the country with which you have the closest connection. If you are also german, German citizenship takes precedence.

In individual cases, you may be exempted from this obligation by the President of the competent Higher Regional Court in whose district the marriage was registered.

As a rule, this exemption is eligible for:

• nationals of such States whose authorities do not issue certificates of no impediment to marriage,
• Nationals of States which issue certificates of no impediment to marriage if this is objectively impossible. This applies, inter alia, to situations in which foreign law refuses to marry for reasons that are incompatible with the constitutionally guaranteed freedom to marry (e.g. if foreign national law prohibits remarrying after a divorce).

Recognised persons entitled to asylum, foreign refugees, homeless foreigners and stateless persons with permanent residence in Germany do not need a certificate of no impediment to marriage or exemption. Your legal status must be proven by an appropriate travel document.

In the case of an exemption, the President of the Higher Regional Court examines in place of the foreign authority whether the marriage is precluded by an impediment to marriage under the law of the country of origin or whether a marriage condition is missing. Even under German law, there may be no impediment to marriage. In this context, it may be necessary to check whether any pre-marriages are effectively dissolved. The exemption shall apply for a period of six months.

• 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)

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.

• 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

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.

• depending on the individual case

There are no deadlines to be observed.

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

• Application for a judicial decision
• Deadline: 1 month

• Certificate of no impediment to marriage Exemption for foreigners
• Exemption from the production of a certificate of no impediment to marriage from the foreigner's home country
• 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.
• Recognised 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 exemption. Your legal status must be proven by an appropriate travel document.
• Responsible for the application: registry office at the domicile or habitual residence of one of the fiancées

Please contact the registry office responsible for you.

Jurisdiction lies with the Higher Regional Court responsible for you.

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