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Preeti (Consultant)     15 August 2012

Indian-german nationals marriage in germany/india

I am Indian national, am facing problem with document "certificate of marriageability" to marry my boyfriend who is german national. As this certificate is not provided by Indian authorities, I have submitted my affidavit about my single status from a lawyer at Tees Hazari court attested by SDM and ministry of external affairs but this is rejected by german registrar, they are asking for affidavit from Sarpanch and say that they have seen such affidavit earlier. But as we know there is no Sarpanch in Delhi but I don't know how to prove this to German registrars on paper. German registrars have an instruction sheet for India which says to accept certificate of marriageability or affidavits only from Sarpanch or mayor of city. Neither of these two posts exist in Delhi so I am kind of stuck to prove them this fact of non-existence of either the post of Sarpanch or the mayor of city on paper for Delhi. 

Further German embassy at Delhi says that even if I can get affidavit declaration from municipal councillor or executive magistrate or district court or marriage officer, it will work for them and they also say that they have seen such affidavits earlier. Talking to a few lawyers, i am told that it is only possible to get attestation from these authorities on my affidavit and they will not issue any affidavit on their name. So I don't know where to get this affidavit declaration from one of above mentioned officers if german registrar and embassy claims to have seen an affidavit from a competent officer in India declaring the single status of the individual.
To get married in India, a Delhi family court lawyer says that I need to submit a no objection certificate (NOC) from German embassy at Delhi for my boyfriend to get married under special marriage act. But German embassy at Delhi requires my boyfriend to submit his certificate of marriageability from his local registrar in Germany to issue NOC for him at Delhi and his local registrar requires my certificate of marriageability to issue his certificate of marriageability. So it's kind of same problem on the document "certificate of marriageability" to get married in either Germany or India.
 
I am currently clueless on how to solve this problem. I have reached out to a few lawyers in India and a few in Germany and have not found solution from anyone, that's why posting on this open forum. 
 
Appreciate any suggestions or experienced advices.
 
Thanks in advance


Learning

 13 Replies

Anish Thakur 7018812737 (advocate)     15 August 2012

dear querist,

first of all  i want to clear you following things-

there is no such hardle for getting a marriage certificate in india from the authorities with fireign national,we had done many marriages get registered here and issuance of marriage certificate which is globally valid.if  you are looking for get married with your german boy friend,there is no hurdle and i assure you that you can legally get married here and can get marriage certificate which is accepted by all the indian offices and foreign ambassies .feel free to call me on my number given in my profile.

Anish Thakur 7018812737 (advocate)     15 August 2012

onemore thing i forget to tell you that there is no need of any NOC certificate to submit by you and by your bf to any of the authorities,we had get registered many foreign nationals marriage registered in india without such NOCs and which are globally validate marriage.

Preeti (Consultant)     15 August 2012

Thanks for your answer.

Is NOC not needed even if i want to get married under special marriage act only in delhi family court?

Anish Thakur 7018812737 (advocate)     15 August 2012

respected querist,

there is no need to obtain any NOC even if you want to get married in delhi family courts,the NOC will be obtained by the ld court where you had applied via publication.

Preeti (Consultant)     16 August 2012

Can you please explain the last part a bit more, i do not understand it "the NOC will be obtained by the ld court where you had applied via publication" Thanks

Sumeet Garg (Legal/Law)     29 August 2012

"......his local registrar requires my certificate of marriageability to issue his certificate of marriageability."

Ans : In getting certificate of marriageability, there is no requirement to give certificate of marriageability of intended marriage partner. It is just a clearance certificate that a person is not marrying during the lifetime of his/her spouce. So German Registrar can demand Death Certificate or seperation proof with previous spouce while issuing certificate of marriageability.

                 NOC is necessary for special marriage act also. I have prior experience in arranging for marriages with foreigners.

               Sumeet Garg,

                                 Advocate

                  Lexlitis Law Office, India

                 Ph; 9355345000

kiran (buyer)     24 November 2012

Hi preeti,

I am in exactly the same situation as you. can you please tell me how you managed this as I am indian with a german fiancee and we wish to get married asap. Please let me know what you did in the end...married in india or in germany?....validation of indian marriage licence in germany take how long? and how difficult is it?....would really appreciate the help

Best

Kiran

Preeti (Consultant)     25 March 2013

Hi Kiran,

Sorry for late reply. I have still not got solution, but I am trying to get married in Germany.

I got to know that Indian marriage certifcates are not accepted in Germany.

It's already 9 months past we had made application for marriage in Germany, but it will also take about a year to solemnise the marriage.

Manish Udar (www.Mehnat.IN)     25 March 2013

There are three mayors in Delhi. Many sarpanches in the rural villages in Delhi. Not sure about urban villages.

www.mehnat.in

Tajobsindia (Senior Partner )     25 March 2013

In my opinion both of you were not answered correctly at all;

 

1. Germany does not recognize common law marriages and requires a mandatory civil wedding ceremony before a Registrar of Vital Statistics at the local Office of Vital Statistics located in the Town Hall. Both spouses must be present at the mandatory civil wedding ceremony.

 

2. If you contemplate getting married in Germany you have to visit the “Standesamt” to give notice of the impending marriage (“Antrag auf Eheschliel3ung” formerly known as “Aufgebot”), At that point your fiancé(e) does not have to accompany you if he or she has given a Power of Attorney to you for the Registering process.

 

3. After all necessary documents have been turned in, the paperwork is then sent off to the Higher Regional Court of Nurnberg (“OberlafldeSgericht Nurnberg”), in order to obtain an exemption from the production of a Certificate of Eligibility to Marry (“Befreiung vom Eheffihigkeitszeugflis”). In exceptional cases you may be allowed to take the paper work to Bamberg yourself, to speed up the process, otherwise the registrar will receive the packet back in about 2 weeks. In any event a transfer form which can be obtained from the Registrar has to be filled out and the court fees have to be paid.

 

4. A Registrar’s fee of approx. Euro 65 (check if it is increased) needs to be paid at the time you turn all the assembled documents. If the wedding takes place in another Town Hall than the one where you are Registering, you will have to pay the Registrar’s fee twice. Additionally there is a court fee charged by the Higher Regional Court in Bamberg. The court fee can be paid at the Higher Regional Court at any German bank or the German Post Office. In the latter cases you have to show the receipt (“Quittung”) to the registrar as proof of payment.

 

5. Unless both persons to be wed speak German fluently you will need to bring a translator or interpreter with you to the Town Hall when you give notice of the impending marriage. Preferably the same translator or interpreter should also translate during the wedding ceremony. You will also have to have a translator or interpreter present when the witness to the marriage is not in command of the German language. Even though your fiancé(e) may speak German fluently, she/he will not be allowed to translate for you or your best man.

 

6. Necessary Documents that you require:- 

 

Six-month deadline. It takes time to assemble and to fill out all the necessary documents. Once you have all papers prepared and turned in, then - depending on your special case - it will be only a matter of 2-6 weeks before the wedding bells ring. Upon completion of the registry process you have to get married within the following 6 month.

 

- Passport

 

- An Original birth certificate is needed, certified copies or hospital birth certificates are usually not accepted. The birth certificate should state your parents’ names.

 

- Statement of being single. If you have never been married before, you will need to provide the “Standesamt” with an affidavit stating that you are single. It can be prepared at the Legal Assistance Office.

 

- Marriage Questionare can only be obtained at the “Standesamt”. It has to be completed and handed back in person to the “Standesamt”. If you need assistance in answering the questions, you may either contactthe “Standesamt” or the Legal Assistance Office for help.

 

- If your fiancé(e) cannot be present when you register for the impending marriage, then you need to present a written statement indicating that he/she agrees to the initiation of the registry process (Beitrittserklarung). It is done very easily by simply having your fiancé(e) sign the power of attorney form on the marriage questionnaire.

 

7. A foreign fiancé(e) not residing within Germany, in case he/she will be only allowed to stay in the country on a tourist visa basis for up to 3 months! If you are going to stay at the fiancé place during that time you must register at local town hail immediately and deregister once you are married!. Otherwise you as her / his fiancé(e) will be in violation of the applicable German registry laws and regulations. The 3-month time frame will hardly be sufficient to assemble all the documents and to register for the impending marriage. Therefore, it is important that you start the registering process before you as his / her fiancé(e) comes into the country. An extension of the Tourist Visa is not possible!

 

8. The mandatory civil wedding ceremony takes place at the local Office of Vital Statistics (“StandeSamt”). It is located in the Town hail (“Rathaus”) situated at the municipal administration ( “Gemendevervaltung”) or Town Management (Stadtvcrwaltung). Generally, you can choose between three “Standesämter” ;

 

(a) the one where you are stationed

(b) the one where you live and

(c) the one where your fiancé(e) resides

(d) any other “Standesamt” in Germany provided that you contacted one of the above-mentioned “Standeslamter” first. Furthermore, thiswill double your registration fees.

 

9. Getting married to a German national may subject you to German family law no matter where in the world the wedding ceremony is performed.

It is suggested to ask your respective fiancé(e) to explain to you quote - unquot German words translation into English !

Partho (Scientist)     01 October 2013

Hi,

I'm an Indian citizen & I want to get married to my German Fiance in Germany. We have found out the about the documents we need to furnish at the German offices for our marriage & it seems that we need to provide an "Ledigkeitsnachweis / Familienstandsnachweis" which means a certificate of marriageability (based on the Specials Marriage Act 1954). But such a certificate is not commonly issued in India. So as an alternate the German authorities do accept something called an "eidesstattliche Erklärung" which is an affidavit from my parents and local administration (Sarpanch in case of village & Mayor in case of local town) stating that I'm unmarried & capable to marry & that they have no objection to this marriage. So I would like to know what kind of text should be in the affidavit, as there is not clear guideline about the format.

I would be highly grateful if someone could kindly suggest me some draft of the affidavit.

Best wishes,

PH

kiran (buyer)     01 October 2013

Hi, I am an indian who was looking to marry a german. We are now married. The easiest is to get married in India. You need basic documents which are his passport and address proofs which you submit to the marriage registrar. After this you wait one month and sign the marriage certificate. This certificate you take to the german embassy in India. Please understand your marriage (once it has been done in india) is already recognised by the german law. But to make all the paperwork clear, your nearest german consulate will process the paperwork from their office to the standesamt where your husband was born(or which is applicable to him given he is the german resident). Along with the indian marriage certificatethey will send both your birth certificates and passport copies. Please dont give them any laminated documents. the germans dont accept this. After she has sent copies of these documents to the german office they will issue you a German marriage certificate. They will ask how many copies. If you do not want to change your name ( given there is a lot of paperwork that will require changing if you decide to do this which lengthens the process) please specify.

Wish you all the luck!

Kiran

kiran (buyer)     01 October 2013

I tried the german way out as well which is with this afadavit and birth certificate ...the problem is they take their own sweet time....noone is in a position to give you an estimation on how long the german govt will take to process this paperwork. It could ( i have been told ) take up to 6 months. I did not want to wait that long. And when I did try to submit these papers at the standesamt, the afadivit was wrongly written, and the birth certificate which was 30 years old was laminated....plus my husband needed to produce other papers....Id have gone grey.... trust me...do it in india where you are familiar how the system works or doesnt work and then legalisation in germany is not too tough.

Best

Kiran


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