Can you get married without the "certificate of no impediment"?

Question

Hi again,

I have two friends and two months later they will apply for asylum in Germany and they are not married because man are being searched by the police and he cannot take the documents which proof of single man and he has no obstacle to get marry.But the woman will take this document.Despite that sometimes German State's servant can put obstacles in front of you and i have seen this many times.For instance my friend took this document but they did not accept that.....#

To sum up,

Can the marriage betwwen them be possible without this documents?or How?While applying for marriage, in my opinion, they will be an asylum seeker.

Another question is that if they get married in Greece, can Germany recognize this marriage as a legal sitution??

Thank you for your advices

Kind regards

Answer 1

Hey again @erdem.law,

Thanks for reaching out to us about your friends' situation. 

Just to make sure I understand your correctly - your friends are in Greece at the moment or plan on getting married there? Are they in Greece illegally? 

If they do want to get married in Greece, one of the core requirements is to prove you are staying in Greece legally (for example a visa). 

Questions around marriage in Greece have been answered before:

•  Marrying an Asylum seeker in Greece
• Can I get married in Greece although my asylum case is incomplete?

Now, if you wish to find out more on marriage in Germany and what documents are required, have a **** at this Wefugees Blog article on how to marry. 

I think the document you are talking about is the "certificate of no impediment". This is from the Blog:

"...only in the rarest of cases refugees will be able to provide a certificate of no impediment because there home country’s authorities do not issue them.

If your home country does not issue a certificate of no impediment you can ask Standesamt for an exception. They will get in touch with the president of Oberlandesgericht (Higher Regional Court) that will decide on your case. In order to do so you have to provide a non-marriage certificate issued by your home country.

Standesamt might ask for additional documents. That is another reason why it is important to get in contact with them early enough."

If your friends get married in Greece, Germany can recognize it under certain conditions: 

• Here is more information on marriage in Germany: https://***.germany.info/us-en/service/04-FamilyMatters/marriage-in-germany/922550
• And an explanation of recognizing international marriage documents by the Auswärtiges Amt: https://***.auswaertiges-amt.de/en/newsroom/konsularisches/urkundenverkehrallgemeines-node

Let us know if you have any more questions.

All the best,

Isa

Comments

thank you so much.
He is no in Greece but he will plan to marry in Greece or Germany.As you mentioned above, he has not the document which is called 'certificate of no impediment'.And also he will make an asylum application in Greece then he will get a residence or he will be an asylum seeker but i am not sure that he will have a legal address in Greece.It is complex process.Germany is the best way to get marry for now.
Kind regards