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Home› Civil Code & Private Law› BGBEG (EN)

Art. 13

Marriage

(1) The conditions for the conclusion of marriage are, as regards each person engaged to be married, governed by the law of the State of which he or she is a national.

(2) If under this law, a requirement is not fulfilled, German law shall apply to that extent, if:

1.  the habitual residence of one of the persons engaged to be married is within the country or one of them is a German national;

2.  the persons engaged to be married have taken reasonable steps to fulfill the requirement; and

3.  it is incompatible with the freedom of marriage to refuse the conclusion of the marriage; in particular, the previous marriage of a person engaged to be married shall not be held against him or her if it is nullified by a decision issued or recognized here or the spouse of the person engaged to be married has been declared dead.

(3) If the nubility of a person engaged to be married is governed, according to paragraph 1, by foreign law, the marriage is, according to German law,

1.  invalid, if the person engaged to be married has not completed his or her 16th year at the time when the marriage was celebrated, and

2.  voidable, if the person engaged to be married has completed his or her 16th, but not completed his or her 18th year at the time when the marriage was celebrated.

(4) A marriage within the country may only be celebrated subject to the form provided for here. A marriage between two persons engaged to be married, neither of whom is a German national, may however be celebrated before a person properly authorized by the government of the State of which one of the persons engaged to be married is a national, according to the formalities prescribed by the law of that State; a certified copy of the registration of the marriage in the Register of Births, Deaths and Marriages, kept by the person properly authorized therefore, furnishes conclusive evidence of the marriage celebrated in that manner.

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