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Subtitle 3 Certificate of no impediment
Section 1309 Certificate of no impediment for foreigners
BGB 1309. 1 A person who , with regard to the requirements for entering into a marriage , is subject to foreign law , except as provided by Article 13 ( 2 ) of the Introductory Act to the German Civil Code [ Einführungsgesetz zum Bürgerlichen Gesetzbuch ] , should not enter into a marriage before he has furnished a certificate of the domestic authority of his home state that there is no impediment to the marriage under the law of that state . A certificate of the domestic authority includes a written confirmation that is issued by another office under a treaty entered into with the home state of the person affected . The certificate becomes ineffective if the marriage is not entered into within six months after it is issued ; if the certificate states a shorter period of validity , the latter is conclusive .
BGB 1309. 2 The president of the higher regional court in whose area the registry of births , deaths and marriages to whom the marriage has been notified has his seat may grant exemption from the requirement under subsection ( 1 ) sentence 1. The exemption should be granted only to stateless persons with their habitual residence abroad and nationals of states whose public authorities do not issue certificates of no impediment in the meaning of subsection ( 1 ) . In special cases , it may also be granted to nationals of other states . The exemption is valid only for the period of six months .