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=U3= UTit1 -- Subtitle 1 Capacity to marry
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=U4= Sec1303 -- Section 1303 Marriageable age
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=S=> BGB 1303. 1 A marriage should not be entered into before the parties reach the age of majority .
=S=> BGB 1303. 2 The family court , on application , may grant exemption from this provision if the applicant has reached the age of sixteen and his future spouse is of full age .
=S=> BGB 1303. 3 Where the legal representative of the applicant or another person with care for the person of the child objects to the application , the family court may grant exemption only if the objection is not based on weighty reasons .
=S=> BGB 1303. 4 If the family court grants exemption under subsection ( 2 ) , the applicant no longer requires the prior consent of the legal representative or of another person with care for the person of the child in order to enter into marriage .
=U4= Sec1304 -- Section 1304 Incapacity to contract
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=S=> BGB 1304 A person who is incapable of contracting may not enter into a marriage .
=U4= Sec1305 -- Section 1305 repealed
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=U3= UTit2 -- Subtitle 2 Impediments to marriage
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=U4= Sec1306 -- Section 1306 Existing marriage or civil partnership
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=S=> BGB 1306 A marriage may not be entered into if a marriage or a civil partnership exists between one of the persons who intend to be married to each other and a third party .
=U4= Sec1307 -- Section 1307 Relationship by blood
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=S=> BGB 1307 A marriage may not be entered into between relatives in direct line and between brothers and sisters of the whole blood and of the half blood . This continues to apply if the relationship is extinguished as the result of adoption .
=U4= Sec1308 -- Section 1308 Adoption
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=S=> BGB 1308. 1 A marriage should not be entered into between persons whose relationship in the meaning of section 1307 was created by adoption . This does not apply if the adoption relationship has been dissolved .
=S=> BGB 1308. 2 The family court may , on application , grant exemption from this provision if the adoption created a collateral relationship between the applicant and his future spouse . The exemption should be refused if compelling reasons prevent the entering into of the marriage .
=U3= UTit3 -- Subtitle 3 Certificate of no impediment
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=U4= Sec1309 -- Section 1309 Certificate of no impediment for foreigners
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=S=> 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 .
=S=> 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 .
=U3= UTit4 -- Subtitle 4 Marriage
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=U4= Sec1310 -- Section 1310 Jurisdiction of the registrar of births , deaths and marriages , curing defective marriages
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=S=> BGB 1310. 1 Marriage is entered into only if the parties contracting the marriage declare before the registrar that they wish to enter into the marriage . The registrar may not refuse his cooperation in the entering into of the marriage if the requirements for the marriage are satisfied ; he must refuse his cooperation if it is obvious when the marriage is entered into would be voidable under section 1314 ( 2 ) .
=S=> BGB 1310. 2 A registrar includes a person who , without being a registrar , publicly exercised the office of a registrar and entered the marriage in the marriage register .
=S=> BGB 1310. 3 A marriage is also deemed to have been entered into if the spouses have declared that they intend to be married to each other and the registrar has entered the marriage in the marriage register , the registrar , in connection with the recording of the birth of a child of the spouses , has entered a reference to the marriage in the register of births , or the registrar has received from the spouses a family-law declaration which requires an existing marriage in order to be valid and the spouses have been issued with a certificate of this that is provided in statutory provisions and the spouses have lived together as spouses for ten years since then or until the death of one of the spouses , but for a minimum of five years .
=U4= Sec1311 -- Section 1311 Personal declaration
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=S=> BGB 1311 The parties contracting the marriage must make the declarations under section 1310 ( 1 ) in person and both must be present at the same time . The declarations may not be made subject to a condition or a stipulation as to time .
=U4= Sec1312 -- Section 1312 Marriage ceremony
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=S=> BGB 1312 On the occasion of the marriage , the registrar should ask the parties contracting the marriage separately whether they intend to enter into marriage with each other and , after the parties contracting the marriage have answered this question in the affirmative , state that they are now , by operation of law , lawfully joined spouses . The marriage may be effected in the presence of one or two witnesses if the parties contracting the marriage so wish .
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