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Prerequisites

• You are at least 18 years old.
• You have German citizenship or are subject to German law as a stateless person, homeless person or foreign refugee.
• The marriage does not violate German law.
• The country in which you wish to marry requires you to provide a marriage certificate.

Documents required

If you are a German citizen and are entering into your first marriage, you will need the following documents:

• valid identity card or passport
• current certified extract from the birth register or certified copy of the birth certificate from the registry office of your place of birth
• Residence certificate from the registration authority

If you were born abroad:

• Birth certificate or international birth certificate

If you have changed your name:

• Certificate of name change

If you have been married/partnered before:

• Marriage certificate or civil partnership certificate of the last marriage with a note that the marriage has been dissolved.

If you marry or divorce abroad:

• foreign marriage certificates and legally binding divorce decrees of all previous marriages

In case of divorce in another EU country:

• Certificate pursuant to Article 39 on decisions in matrimonial cases

In case of divorce outside the EU:

• Declaratory decision of the Higher Regional Court on the recognition of a foreign decision in matrimonial matters

If your former partner has since died:

• Spouse's death certificate

A notice:

The registry office needs the documents for both partners to issue the certificate.

Foreign documents must be translated by a sworn interpreter in Germany.

Depending on the country, a translation, certification (apostille) or legalization may be necessary.

Please note

• If both fiancés have German citizenship, it is often sufficient to issue only one certificate of no capacity to marry for both fiancés.
• Foreign nationals who wish to marry in Germany also need a certificate of no capacity to marry.
• If same-sex couples wish to marry and their home country does not allow same-sex marriage, they do not need to provide a marriage certificate.
• If you have never had a residence in Germany, the Registry Office I in Berlin is responsible.

Deadlines

The certificate of no capacity to marry is valid for 6 months after it is issued.

Procedure

• You can apply for the marriage certificate in person:
  • You apply for the marriage certificate at the responsible registry office.
  • You will need to present your identity card or passport for identification purposes.
  • You will then be informed in writing or in person about the necessary documents.
  • You submit the documents.
  • The responsible registry office will review your application and documents. If necessary, it will request additional documents or information from you.
  • You usually pay the fee cashlessly at the registry office.
  • You will receive the marriage certificate.

• You can apply for the marriage certificate in writing:
  • You submit the application for a certificate of capacity to marry in writing to the responsible registry office.
  • You will then be informed in writing or in person about the necessary documents.
  • You submit the documents.
  • The responsible registry office will review your application and documents. If necessary, it will request additional documents or information from you.
  • You will receive the marriage certificate.
  • You will receive a fee notice.
  • You pay the fees.

Processing time

Processing the application takes several weeks.

Fees

The cost of applying for a certificate of capacity to marry is EUR 68.00.


If one of the fiancés has foreign nationality, the costs are EUR 109.50.

Legal remedies

Application for a court decision and instructions from the registry office

Legal basis