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Marriage-related matters
Certificate of No Impediment to Marriage (“Ehefähigkeitszeugnis”) when getting married
As German missions abroad do not have access to data held by German national authorities, Certificates of No Impediment to Marriage are not issued by the missions abroad but by the registry office in your last place of residence in Germany. If you have never been resident in the Federal Republic of Germany and have always lived abroad, “Standesamt I” in Berlin is responsible for issuing the Certificate.
How to apply for a Certificate of No Impediment to Marriage:
- Contact the relevant registry office in Germany
Email or telephone the relevant German registry office to ask what documents you have to submit in your case, and in what form, in order to apply for a Certificate of No Impediment to Marriage. Verify whether you need German translations of your foreign documents and what charges you will incur. You may also be able to find this information on the website of the relevant authority.
If “Standesamt I” in Berlin is the office responsible in your case, you can find a list of the required documents here. - Get your documents/document copies ready
The registry office will tell you in what form the documents need to be submitted (e.g. original document or certified copy), whether German translations are required and whether formal proof of authenticity (e.g. an Apostille) needs to be attached.
The Embassy in London and the Consulate General in Edinburgh are not able to help with procuring documents. Please contact the issuing authority directly. The German missions in the United Kingdom do not provide a translation service or certify translations, and, for reasons of competition, cannot recommend translators.
Guidance on proving the authenticity of foreign certificates can be found here. - Application and form
Please use the form provided by the registry office in Germany when applying for a Certificate of No Impediment to Marriage. If you have not received one, the form is available as a pdf file here.
You can get your signature(s) on the application for a Certificate of No Impediment to Marriage and copies of your original documents certified at the Embassy in London or the Consulate General in Edinburgh.
Please book an appointment with the Legalisation department for this. - Documents and fees
Please bring the following documents with you to your appointment for the certification of your signatures and copies:
- Original passport or identity card
- The documents required by the registry office (originals or photocopies officially certified by a German authority/mission abroad)
Proof of domicile in the UK (household gas/water/electricity/Council Tax bill or UK driving Licence) - Filled-in application form
- Please bring cash to cover the fee of approx. £50.00 charged by the Embassy in London or the Consulate General in Edinburgh for certification of signatures and the fee of approx. £27.00 for certification of photocopies.
- Fees are also payable for the issue of the Certificate of No Impediment to Marriage, but these cannot be paid at the German mission.
- Send application and documents to the relevant German registry office
Once the application form and photocopies have been certified, please send all the documents to the registry office in your last place of residence in Germany. If you have never been resident in the Federal Republic of Germany and have always lived abroad, “Standesamt I” in Berlin is responsible:
Standesamt I in Berlin
Schönstedtstr. 5
13357 Berlin
Tel.: + 49 30 90269 5000
Email: Info.Stand1@labo.berlin.de
The registry office is entitled to request other documents, if need be, to check for impediments to marriage. Processing can take several months, depending on the registry office.
If you have any questions regarding the issue of the Certificate of No Impediment to Marriage, please contact the relevant registry office directly.
Getting married in the United Kingdom
If you wish to get married in the United Kingdom, please contact the British registry office directly to enquire about the criteria for this and the documents required. Documents not in English usually need to be translated. The German missions in the United Kingdom do not provide a translation service or certify translations, and, for reasons of competition, cannot recommend translators. If the British registry office asks you for a Certificate of No Impediment to Marriage, you can obtain one from the registry office in your last place of residence in Germany. If you are domiciled in the United Kingdom, your signature on the application for the Certificate of No Impediment to Marriage can be certified by the Legalisation department of the German Embassy in London or the Consulate General in Edinburgh.
You can opt for either a religious marriage or a civil marriage. A civil marriage can be held at a registry office or other venue licensed for this purpose (e.g. a hotel). A religious marriage can be held in a church or place of worship of another faith that is licensed by the General Register Office to hold marriages. A list of approved premises is available from the General Register Office.
Provided both parties meet the general marriage criteria applicable under the law of their respective native countries (e.g. that they have reached the age of legal majority, are not married to someone else, are not related to each other, etc.) and the marriage meets the British formal legal requirements, once married in the United Kingdom they also count as married under German jurisdiction.
To make it easier to use your British marriage certificate in Germany, you can have an “Apostille” attached to it by the British government Legalisation Office. Further information about the process, the cost involved and what documents need to be submitted can be found on the British government website.
This is a form of certification issued by the British authorities which confirms the authenticity of the certificate under the 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, so that domestic agencies (authorities, insurance companies etc.) can accept the certificate as it stands. It is not necessary to register this marriage with a German registry office, but it is possible. If you wish to change your surname in your passport, you and your spouse are normally required to submit a name declaration to the relevant German mission abroad once you are married.
Recognition of a divorce filed abroad
When a German citizen obtains a divorce abroad, this court judgment is not automatically recognised in Germany in most cases. The requirements differ depending on the case category:
DIVORCE IN AN EU COUNTRY (EXCEPT FOR DENMARK) FROM 01.03.2001 OR FROM 01.03.2005
Within the EU, Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No. 1347/2000 applies (“Brussels IIa Regulation”) – Official Journal of the European Union 2003 No. L 338, p.1 ff, which can be found here.
Under the Regulation, judgments in matrimonial matters (e.g. divorce) given after 01.03.2001 or 01.03.2005 respectively in one of the EU countries (with the exception of Denmark) are generally recognised in the other member states without any special formal recognition procedure being required. The standard EU certificate pursuant to Article 33 of EU Regulation 1347/2000 (divorce after 01.03.2001) or pursuant to Article 39 of EU Regulation 2201/2003 (divorce after 01.03.2005) issued by the same court that gave the judgment serves as proof and does not need to be translated. The nationality of the parties involved is immaterial. Hence a recognition procedure is not necessary in the EU member states (with the exception of Denmark). Recognition is only withheld in the event of serious procedural errors or if recognition would be contrary to German public policy (Section 328 (1) No. 4 of the German Code of Civil Procedure (ZPO)).
However, the EU Regulation does not exclude the possibility of someone applying for a decision on recognition or non-recognition of the judgment if this is of interest.
You can find a specimen certificate concerning judgments in matrimonial matters pursuant to Article 39 of EU Regulation 2201/2003 at the bottom of the web page.
DIVORCE IN A THIRD COUNTRY (OUTSIDE OF GERMANY AND OUTSIDE OF THE EUROPEAN UNION) or DIVORCE IN AN EU COUNTRY PRIOR TO 01.03.2001
The divorce is NOT automatically recognised in Germany.
If neither of the former spouses possessed German nationality at the time of the divorce, the following EXCEPTION may apply: a formal recognition procedure is not necessary if the judgment was given by a government authority of the foreign country of which both spouses were sole nationals (i.e. they did not have dual citizenship) at the time of the judgment. This is known as a home country decision.
Example: A British-only citizen was previously married to another British-only citizen, and got divorced in the United Kingdom. Recognition not required.
If a German citizen has obtained a divorce abroad in a non-EU country, formal recognition of the foreign divorce is required in order for the divorce to also be effective under German jurisdiction. If both of the former spouses are habitually resident outside of Germany, it is the Senate Department for Justice, Consumer Protection and Anti-Discrimination in Berlin that is responsible. You can find information about the divorce recognition procedure here.
If one of the two former spouses lives in Germany, please contact the authority with jurisdiction for the federal state in question.
Please note that, contrary to what is stated on the Senate Department’s website, the German missions in the United Kingdom are NOT able to assist with divorce recognition applications. The British postal service is considered reliable. Your signature on the application does not need to be certified. Please send your application with your original signature directly to the Senate Department for Justice /the department that has jurisdiction in your case.
Please note: It is often necessary to submit the originals or certified copies of the supporting documents accompanying the application for divorce recognition. If you need certified copies of your documents, you can have these done, for a fee, by the Legalisation department.
Divorce recognition is not obligatory in all civil status case configurations. If in doubt, please consult the relevant registry office/German authority. Generally, though, the divorce only counts as recognised in Germany on presentation of the divorce recognition order. Therefore please be aware that, if your divorce has not been recognised under German law, you are deemed to still be married to your former spouse.
Recognition of British divorces
DIVORCE IN THE UNITED KINGDOM PRIOR TO 01.03.2001:
The only way to prove that a divorce has been recognised is via a formal divorce recognition procedure (see above).
Whether the document is indispensable for the processing of a case (e.g. a civil status application) depends on the individual case. If in doubt, please consult the relevant registry office/ German authority. The divorce generally only counts as recognised in Germany on presentation of the divorce recognition order.
DIVORCE IN THE UNITED KINGDOM BROUGHT BEFORE THE COURT BETWEEN 01.03.2001 AND 31.12.2020:
Definition: A divorce is deemed to have been brought before the court if the divorce petition has been lodged with the court or court proceedings have been initiated.
THE UNITED KINGDOM WAS/COUNTED AS AN EU COUNTRY WITHIN THE MEANING OF EU REGULATIONS 1347/2000 AND 2201/2003 RESPECTIVELY.
Formal recognition is not necessary. Instead, a CERTIFICATE PURSUANT TO ARTICLE 39 (Annex I) of the abovementioned Regulation (EC) No. 2201/2003 is all that is needed as proof that the divorce can be recognised in other European Union member states. The Article 39 certificate is known in the UK as FORM D180 and can be obtained from the Court that granted your divorce. You can find a specimen certificate concerning judgments in matrimonial matters pursuant to Article 39 of EU Regulation 2201/2003 at the bottom of the web page.
(In the case of a divorce after 01.03.2001 but before 01.03.2005, a certificate pursuant to Article 33 of EU Regulation 1347/2000 is issued instead of an Article 39 certificate.)
DIVORCE IN THE UNITED KINGDOM BROUGHT BEFORE THE COURT AFTER 31.12.2020:
Now that the United Kingdom has left the European Union (Brexit), the only way for a divorce to be recognised is via a formal divorce recognition procedure (see above).
Divorce recognition is not obligatory in all civil status case configurations. If in doubt, please consult the relevant registry office/German authority. Generally, though, the divorce only counts as recognised in Germany on presentation of the divorce recognition order. Therefore please be aware that, if your divorce has not been recognised under German law, you are deemed to still be married to your former spouse.
Please note that, after a divorce, your surname does not automatically revert to your birth surname. Information on re-adopting a pre-marital surname can be found here: Unilateral name declaration.