Legal Guide: Same Sex Marriage
How and where do we register and what documents do we need?

For the marriage ceremony the registry offices are responsible.
Partners, who plan to establish a Civil Union, have to apply for registration at the registrar’s office, in whose jurisdiction one of the partners holds his domicile or usual place of residence. If neither partner has domicile or usual place of residence in Germany, they may register at any registrar’s office in the Federal Republic of Germany (§ 12 par. 1 PStG).
The application must be made by both partners in person. In case, one of the partners is unable to attend, it is possible to authorize the other partner in writing to do so. If both partners are unable to appear, due to valid reasons, the application can be submitted in writing or presented by an authorized representative. In these cases, partners have to affirm in person their application’s statements upon establishment of the Civil Union. (§§ 28 par. 1, 29 par. 1, 30 PStV).
The establishment of the Civil Union does not necessarily have to take place in the registrar’s office, where the application was made. Partners can choose a different registrar’s office to complete/conclude this procedure. After determination that all the requirement of a Civil Union have been met, the registrar’s office, where the application was filed, issues a written confirmation that a Civil Union may be established. This confirmation is valid for six months at the registrar’s office, where the Civil Union is intended to be concluded (§ 13 par. 4 PStG).
When registering the marriage, the partners must demonstrate their identity, their names, their family status and their domicile for their jurisdiction.
Therefore, Partners have to present the following:
All documents must be submitted in the original. Foreign documents must be presented together with a translation by an authorized translator in Germany. Whether and in which form the foreign documents must be certified, you can infer from the following land lists.
Certificates may not be older than six monthes, certificates of residence of the registrar’s office (Meldebehörde) may not be older than 14 days.
According to Section1309 of the German Civil Code (BGB), foreigner nationals whose marriage in Germany is subject to foreign law should not enter into a marriage until they have provided documentary evidence from the authorities of their country of origin that the marriage does not conflict with the law of that country. The President of the Higher Regional Court ("Oberlandesgericht”) may under certain conditions, grant exemption from the need to provide such a "certificate of no impediment”, or "Ehefähigkeitszeugnis”.
In fact, Section 1309 BGB is generally not applicable to foreign nationals who want to enter a same-sex marriage in Germany, even if their home country allows these marriages. According to Art. 17 para. 4 in connection with paragraph 1 of the Introductory Act to the Civil Code (EGBGB), same-sex marriages entered into in Germany are always subject to German law, never foreign law.
Foreign nationals must of course also prove that they have the right to marry. They therefore have to provide proof that they are not married, the "Ledigkeitsbescheinigung".
In terms of substance, there is no difference between the two certificates, the certificate of no impediment and the proof that a person is not married. It was in any case the usual practice of registry offices to require foreign nationals wishing to enter into a civil partnership in Germany to submit the same documents as foreign nationals who wish to marry in Germany.
The following special regulations apply, according to a foreign national’s country of birth. These are listed in:
It is recommended to study both lists. Special terms in the respective lists have the following meaning:
Some states only issue proof that a person is not married if the prospective spouse is also named. Others require (additionally) notarized confirmation of the engagement. This discloses to the foreign national’s home country that s/he wishes to enter into a same-sex marriage. This can be a problem if homosexuals are marginalized or persecuted in the country in question.
If foreigners do not want to reveal to the authorities of their country of origin that they want to enter into a same-sex marriage in Germany and need a certificate to demonstrate eligibility, they can also state that they want to marry a different-sex partner in Germany and need a certificate of no impediment. If the domestic authorities insist on the foreign national providing the personal details of their partner, s/he can enter the details of a friend.
This is not indirect document forgery in the sense of Section 271 of the German Criminal Code (StGB). What matters for legal purposes is the statement that the document serves to provide evidence of, i.e. confirmation that the foreign national is not married, or is single. This confirmation is correct. It is immaterial in terms of the law that the foreign national has provided incorrect information in order to obtain this certificate.
However, it is advisable in such cases for foreign nationals to provide the personal details of a person who actually exists, and for them to be able to reproduce these details without hesitation upon request. Also, as a precautionary measure, they should inform the person concerned of their intention and ask for their consent.
If there are other major problems obtaining necessary paperwork, the person can ask the registrar if he or she would be happy with an affidavit, or personal declaration under oath. This is provided for in Section 9 para. 2 PStG (Civil Status Act):
Unfortunately, registrars are highly reluctant to consent to this approach. At any rate, in the many cases we have advised on, we have never experienced a case where the registrar has been satisfied with an affidavit, despite this causing delays of many months to the conclusion of a civil partnership. Other countries take a far more flexible approach to such cases – without any notable rise in bigamy in the countries concerned as a result.
In such cases, it may be advisable first to marry abroad, e.g. in Denmark or Las Vegas in the US and afterwards choose German law as the governing law in order to benefit from the general effects of marriage in accordance with Art. 17b para. 5 sentence 2 in conjunction with Art. 14 Para. 1 No. 1 of the Introductory Act to the Civil Code (EGBGB). It is possible to implement this choice of governing law by repeating the marriage in Germany (see here for more information (in German only) on the choice of governing law).
There are agencies in Denmark that organize marriages, including taking care of the paperwork, and negotiate a solution with the competent authorities if there are problems with documents. The agencies can be found on the internet.