Last checked against the official source: 29 August 2026
If your capacity to marry is governed by a foreign law, the German registry office will ask for a certificate of no impediment to marriage (Ehefähigkeitszeugnis). And if your country does not issue one, that is not a dead end: Section 1309 of the Civil Code provides an exemption route — granted not by an embassy or the registry office, but by the president of the higher regional court.
The essentials
- Legal basis
- Section 1309 of the German Civil Code (BGB).
- Who needs it
- A foreign national whose capacity to marry is governed by a foreign law — unless exempted.
- Who issues it
- The internal authority of their home state.
- Validity
- Six months from issue. If the issuing state sets a shorter period, the shorter one applies.
- Who grants the exemption
- The president of the higher regional court (Oberlandesgericht) in whose district the registry office is located.
- Validity of the exemption
- Six months.
The exemption route: who and when
The exemption is expressly provided for in Section 1309 — it is not a rare concession. It is usually granted in two situations: stateless people resident abroad, and nationals of states that do not issue a certificate of marriage capacity. The law also allows it to be granted exceptionally to other nationalities in special circumstances.
Note who decides. Not the embassy, and not the registry office, but the president of the higher regional court in whose district the registry office sits — which is why the application is normally routed through the registry office rather than filed directly.
What to do, step by step
- Ask the registry office firstThe Standesamt decides whether your capacity to marry is governed by a foreign law and which documents it needs from you specifically. Do not start collecting papers before this step.
- Check whether your country issues the certificateIf it does, the route is to obtain it from the competent authority at home and then have it legalised for use in Germany — see the legalisation routes.
- If it does not, apply for the exemptionThe application is normally submitted through the registry office, which forwards it to the president of the competent higher regional court.
- Watch the six monthsBoth the certificate and the exemption are valid for six months. Arrange the wedding date inside that window, or the whole procedure has to be repeated.
The validity may be shorter than six months. The provision says the certificate is valid for six months — but if the issuing state sets a shorter period, the shorter one governs. Do not assume six months automatically. Check the period recorded on the certificate itself before you book a date.
Official source and related reading
Section 1309 BGB — full text · Apostille and legalisation routes
Please note: this page is general guidance, not legal advice. Questions of marriage capacity and conflict of laws are complex and turn on nationality and personal status — use a specialist lawyer if your case is unusual.
Frequently asked questions
What is a certificate of no impediment to marriage?
A document issued by the competent authority of your home state confirming there is no obstacle to your marriage under that state’s law. The German registry office requires it when your capacity to marry is governed by a foreign law, under Section 1309 BGB.
What if my country does not issue one?
There is a legal route for exactly that case, called the exemption, expressly provided for in Section 1309. The body that grants it is neither the embassy nor the registry office, but the president of the higher regional court in whose district the registry office is located.
Who is granted the exemption?
Usually in two situations: stateless people resident abroad, and nationals of states that do not issue a certificate of marriage capacity. The law also allows it to be granted exceptionally to other nationalities in special circumstances.
How long is the certificate valid?
Six months from issue, and the exemption likewise six months. But if the issuing state sets a shorter period, the shorter one applies — do not assume six months, and check the period recorded on the certificate before booking a date.
Where do I start the marriage procedure in Germany?
At the registry office. It decides whether your capacity to marry is governed by a foreign law and which documents it needs from you specifically. Do not start collecting papers or legalisations before that.
Does my certificate need to be legalised?
A certificate issued abroad normally needs the legalisation route that applies to its issuing country — apostille, consular legalisation or document verification. Ask the registry office what it requires before you pay for anything.