Application for exemption from the submission of the marriage certificate for foreign nationals
If you want to get married as a foreign national or as a foreign national in Germany, the requirements for marriage are determined by the law that applies in your home country. This regulation is intended to prevent the marriage from...
If you want to get married as a foreign national or as a foreign national in Germany, the requirements for marriage are determined by the law that applies in your home country.
This regulation is intended to prevent the marriage from being recognized in Germany but not in your home country. For future children in particular, it is of great importance that a marriage entered into in Germany is also recognized in the country of origin of the foreign parent.
Therefore, you must always present a certificate of marital status from your home country. With this certificate of marital status, the responsible authority in your home country confirms that there are no obstacles to marriage under the law of your 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 unfitness to marry. This takes place with the President of the competent Higher Regional Court in whose district you 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 uneligibility to marry.
- Nationals of states that issue certificates of no impediment to marriage if this is objectively impossible. This applies, among other things, to situations in which foreign law prohibits marriage for reasons that are incompatible with the constitutionally guaranteed freedom to marry, for example if the foreign law in your home country prohibits remarrying after a divorce.
- recognized persons entitled to asylum,
- foreign refugees,
- homeless foreigners and
- Stateless persons with permanent residence in Germany.
If you apply for an exemption from the marriage certificate, the President of the Higher Regional Court will check on behalf of the foreign authority whether there is an obstacle to the marriage under the law of your home country or whether a prerequisite for the marriage is missing. According to German law, there must be no impediment to marriage. It may be necessary to check whether any previous marriages have been effectively dissolved in this context.
The exemption is valid for a period of 6 months.