Ehefähigkeitszeugnis Befreiung von der Vorlage für ausländische Staatsangehörige beantragen

If you do not have German citizenship and want to get married in Germany, you will need a certificate of no impediment to marriage from your home country. If you are not issued one, you can apply for an exemption from the presentation of a certificate of no impediment to marriage.

If you wish to marry in Germany as a foreign citizen, the requirements for marriage are determined by the law applicable in your home country.

This regulation is intended to prevent marriage from being recognized 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 always present a certificate of no impediment to marriage from your home country. This certificate of no impediment to marriage is confirmed by the competent authority of your home country that there is no impediment to marriage under the law of the home country.

If you have more than one nationality, the law of the country with which you are most closely connected applies. If you also have German citizenship, this takes precedence.

In individual cases, you can apply for an exemption from the obligation to present a certificate of no impediment to marriage. This is done by the president of the competent Higher Regional Court in whose district you have registered the marriage.

This is an option for you if you belong to one of the following groups of people:

• Nationals of states whose authorities do not issue certificates of no impediment to marriage.
• Nationals of states that issue certificates of no impediment to marriage, but if this is objectively impossible. This applies, among other things, to situations in which foreign law refuses to marry for reasons that are incompatible with the freedom to marry guaranteed by the Basic Law, for example, if foreign home law prohibits remarriage after a divorce.

They do not need a certificate of no impediment to marriage or exemption if they belong to the following group of persons:

• Recognised persons entitled to asylum,
• foreign refugees,
• homeless foreigners as well as
• Stateless persons with permanent residence in Germany.

Your status must be proven by an appropriate travel document.

If you apply for an exemption from the certificate of no impediment to marriage, the President of the Higher Regional Court will examine on behalf of the foreign authority whether there is an obstacle to marriage under the law of your home country or whether there is no prerequisite for marriage. There must also be no impediment to marriage under German law. Under certain circumstances, it may be necessary to check whether any pre-marriages have been effectively dissolved in this context.

The exemption is valid for a period of 6 months.
 

To apply for the exemption, you will need:

• Evidence in the original, certified copies are usually not sufficient:
  • identity, nationality and descent and marital status
    • Passport
    • Identity card or
    • suitable identification document
  • if necessary, for the dissolution of previous marriages: marriage certificate and, for example, death certificate, copy from the marriage register or divorce decree with legal validity
• The certificates must not be older than 6 months from the issuance of the certificates to the submission to the registry office. Your registry office will inform you in which form (e.g. with apostille or legalisation) the documents can be used
• Proof of earnings for both fiancées, from which the monthly net income is derived, to calculate the processing fee for the court decision
• current residence certificates from the German registration office with explicit indication of marital status for both fiancées, provided they are resident in the Federal Republic of Germany
• For foreign fiancées who are still abroad: an original certificate of residence issued by the competent home authority with translation into German

In order to obtain an exemption from the submission or proof of a certificate of no impediment to marriage, the following conditions must be met:

• You have registered a marriage with the relevant registry office.
• According to German law, there must be no impediment to marriage, for example:
  • if one of the persons wishing to marry is already married to a third person or is in a civil partnership
  • if the persons are related to each other in a direct line and between siblings of the same parents or siblings who have only one parent in common
  • if any previous marriages have not been effectively dissolved
  • if one of the persons has been previously adopted by the other person

• For the exemption from the submission/proof 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

You can only apply for exemption through the registry office. You also do not have to address preliminary and status inquiries to the Higher Regional Court, but exclusively to the registry office.

• Register your marriage with the registry office responsible for you.
• Apply there for exemption from the submission/proof of the certificate of no impediment to marriage (application form). It is not possible to file an application directly with the Higher Regional Court. The registry office is your sole point of contact in the exemption procedure.
• The registrar prepares the application and advises you on any documents you may still need.
• The registry office will forward your application with the complete documents and evidence to the competent Higher Regional Court.
• The President of the Higher Regional Court examines on behalf of the foreign authority whether there is an obstacle to marriage under the law of the country of origin or whether there is no prerequisite for marriage.
• You will receive a notification informing you of the decision on your application.
• You will also receive a cost notice. Pay the fees.

You don't have to pay attention to any deadlines. However, be sure to plan for the possible duration of the procedure in your wedding preparations.

Application for a court decision

• Certificate of impediment to marriage exemption for foreigners
• Foreign nationals who want to marry in Germany need a certificate of no impediment to marriage from their home country
• Upon request, exemption from the submission or proof of a certificate of no impediment to marriage is possible
• Exemption is valid for a period of 6 months
• Cost:
  • For the exemption from the submission/proof 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
• Deadlines: none
• Responsible: Higher Regional Court

Contact the registry office in your municipality or city.

Forms:
Online procedure possible:
Written form required:
Personal appearance required: