Apply for a certificate of no impediment for foreigners

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

• Register your marriage at the registry office responsible for you.
• Apply there for exemption from presenting/proving the certificate of no impediment to marriage (application form). It is not possible to apply directly to the Higher Regional Court. The registry office is your sole point of contact for the exemption procedure.
• The registrar prepares the application and advises you on the documents still required in individual cases.
• 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 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 requirement for marriage is missing.
• You will receive a notice informing you of the decision on your application.
• You will also receive a notice of costs. Pay the fees.

The following requirements must be met in order to obtain an exemption from submitting or providing proof of a certificate of no impediment to marriage:

• You have registered a marriage at the relevant registry office.
• There must be no impediment to marriage under German law, for example
  • if one of the persons wishing to enter into the marriage 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 as well as 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 previously been adopted by the other person

To apply for the exemption, you need:

• Original supporting documents, certified copies are generally not sufficient:
  • identity, nationality, parentage and marital status
    • Passport,
    • identity card or
    • suitable identification document
  • If applicable, for the dissolution of previous marriages: Marriage certificate and, for example, death certificate, copy from the marriage register or divorce decree with final judgment
• The documents must not be older than 6 months from the time they are issued until they are submitted to the registry office. Your registry office will inform you in which form (e.g. with apostille or legalization) the documents can be used
• Proof of earnings for both fiancées, showing the monthly net income, 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 fiancés who are still living abroad: an original certificate of residence issued by the competent home authority with a translation into German

• For exemption from submission/proof of the certificate of no impediment to marriage: EUR 15.00 to EUR 305.00
• If the application is rejected or withdrawn: half of the fee for granting the exemption, but at least EUR 15.00

You do not have to observe any deadlines. However, be sure to plan for the possible duration of the procedure when preparing for your wedding.

• Article 13 Introductory Act to the German Civil Code (EGBGB)
• §§ Sections 1306 to 1309 of the German Civil Code (BGB)
• § Section 4 of the Judicial Administration Costs Act (JVKostG)
• Schedule of Costs, No. 1330 in Annex to Section 4 (1) of the Judicial Administration Costs Act (JVKostG)
• Article 12 Geneva Refugee Convention (GRC)
• § Section 12 (3) of the Civil Status Act (PStG)
• § Section 23 Introductory Act to the Courts Constitution Act (EGGVG)

Application for a court decision

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

25.10.2021