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Certificate of No Impediment Waiver (§ 1309 BGB): The Denmark Option

How Germany's OLG waiver of the certificate of no impediment works, how long it takes (often 6–12 months), and why Denmark doesn't require one at all.

Danish Wedding Team5 Min readUpdated October 2026
Contents· 7 sections
  1. 01Why the Standesamt demands the certificate
  2. 02Countries that don't issue a certificate of no impediment
  3. 03How the OLG waiver procedure works
  4. 04Duration and costs: what to expect
  5. 05Frequent requests for additional documents
  6. 06The alternative: Denmark requires no certificate
  7. 07Sources and status

If your partner's home country doesn't issue a certificate of no impediment, the German registry office requires a waiver from the Higher Regional Court (OLG), a procedure that often takes 6⁠–⁠12 months in practice. Denmark doesn't require the certificate at all.

Why the Standesamt demands the certificate

Under § 1309 (1) BGB, a foreign partner whose home-country law governs the marriage must generally present the German registry office with a certificate from their home authority. This certificate of no impediment (Ehefähigkeitszeugnis) confirms that nothing under the law of the country of origin prevents the marriage, that the person is of age, unmarried and free to marry.

The reason is pragmatic: a German registry office cannot verify on its own whether someone is validly divorced or single under Indian or Brazilian law, so that check is delegated to the home country.

Without the certificate, the registry office may not perform the marriage, unless the OLG president grants a waiver under § 1309 (2) BGB. And that is exactly where a long, nerve-racking procedure begins for many binational couples.

Countries that don't issue a certificate of no impediment

The certificate is a concept known mainly in European countries with central civil-status registers. In many legal systems there is simply no authority that could issue such a document. Typical examples:

  • In the USA there is no central civil-status register; no US authority certifies that someone is "free to marry".
  • Indian law does not provide for the document.
  • In Brazil, too, no certificate of no impediment within the meaning of § 1309 BGB exists.
  • In many African countries the concept is largely unknown to civil-status law.

If your partner comes from one of these countries, there is no way around the OLG waiver in Germany. What the alternative looks like for binational couples in Denmark is covered below.

How the OLG waiver procedure works

  1. Registering at the Standesamt

    You don't apply to the OLG directly, but through the registry office where you register your intended marriage. That's where you submit all documents.

  2. Preliminary check and forwarding

    The registry office pre-checks the documents and forwards the application, with its assessment, to the competent OLG.

  3. Substantive review

    The OLG examines, under the home country's law, whether impediments to the marriage exist, for example a still-existing marriage or a foreign divorce not recognized in Germany. It relies on proofs of single status, sworn declarations and, in some cases, document verification through German diplomatic missions.

  4. Requests for additional documents

    If documents are missing or outdated, the OLG asks for more, and every round costs weeks to months.

  5. Decision

    If the waiver is granted, it is valid for six months (§ 1309 Abs. 2 Satz 4 BGB). If you don't marry within that period, the procedure starts over.

Duration and costs: what to expect

How long the procedure takes depends heavily on the OLG district and the country of origin. Simple cases can move faster, but in practice 6⁠–⁠12 months is often realistic, especially when the OLG orders a document verification abroad. That verification, carried out via lawyers of trust working with the German embassies, can take several months on its own.

For the exemption itself, the OLG charges an administrative fee of €15⁠–⁠305 (JVKostG, no. 1330), setting the exact amount according to the effort involved. On top come additional expenses for fresh certificates, apostilles, certified translations and, where required, the document verification; there are no reliable flat figures for these, so ask your registry office for an estimate for your specific case.

Documents expire during the reviewWhile the OLG reviews your case, the validity periods of your documents keep running. It's not unusual for proofs of single status to have expired by the end of the procedure, they then have to be obtained, apostilled and translated again, extending the procedure even further.

Frequent requests for additional documents

  • proofs of single or marital status that are older than six months
  • missing apostille or legalization on foreign certificates
  • translations not produced by sworn translators
  • foreign divorce decrees without a certificate of finality, or without the separate recognition procedure that Germany sometimes requires
  • inconsistent name spellings across passport, birth certificate and other documents

The alternative: Denmark requires no certificate

Denmark has no equivalent of the § 1309 BGB requirement. The competent authority, the Familieretshuset (Agency of Family Law, AFL), checks your capacity to marry directly from your documents: passport, for divorced partners the final divorce decree and, for non-EU partners, proof of lawful stay. It asks for a single-status certificate only in individual cases; otherwise, never-married applicants confirm their marital status by signing the application, under criminal liability. The review follows Danish law. Our document checklist for getting married in Denmark shows exactly what you need.

The practical difference is enormous: with a complete application, the AFL review is usually finished within 5 working days of payment being received (as of October 2026); if Familieretshuset requests further documents, it is currently processing applications received in August 2026 (around 2 months, as of 18 October 2026). The real bottleneck after that is the ceremony date at the municipality; where dates are still free right now, we find out for our couples directly from the municipalities we are often in touch with. In total, it usually takes 3⁠–⁠6 weeks from complete documents to wedding day, longer in some municipalities (Copenhagen up to 4 months).

The AFL fee is DKK 2,100 (about €281). The Danish marriage is recognized in Germany if it was formally valid and both partners were allowed to marry under their home country's law (Art. 11 and 13 EGBGB); Austria and Switzerland also generally recognize it. Read more in our guide to getting married without a certificate of no impediment.

RouteCertificate of no impediment required?Who checks?Typical durationAuthority feeTypical delayResult
Germany (OLG)Yes, or a waiver under § 1309 (2) BGBThe OLG, under the home-country lawOften 6⁠–⁠12 months€15⁠–⁠305 (JVKostG, no. 1330)Document verification abroadMarriage concluded in Germany
DenmarkNoFamilieretshuset (AFL)Usually 3⁠–⁠6 weeks to the wedding dayDKK 2,100 (about €281)Waiting time for the municipal dateDanish marriage certificate; marriage generally recognized in DE/AT/CH

Sources and status

As of October 2026. This article provides general information and does not replace individual legal advice. For complex special cases, consult a family-law attorney.


Frequently asked questions

What couples often ask about this topic.

What is the waiver of the certificate of no impediment under § 1309 BGB?
If your partner's home country doesn't issue a certificate of no impediment, the president of the Higher Regional Court (OLG) can waive the requirement to present one. The OLG then checks itself, under the home country's law, whether any impediments to the marriage exist. Without this waiver, the German registry office may not perform the marriage.
How long does the waiver of the certificate of no impediment take?
In practice, often 6⁠–⁠12 months, depending on the OLG district and the country of origin. It takes particularly long when the OLG orders a document verification through the German diplomatic mission abroad, that alone can take several months. Requests for additional documents extend the procedure further.
How much does the OLG waiver procedure cost?
The exemption costs an administrative fee of €15⁠–⁠305 (JVKostG, no. 1330); the OLG sets the exact amount depending on the effort involved. On top of that come additional costs for fresh certificates, apostilles, certified translations and, where required, document verification abroad. Your registry office can give you an estimate for your specific case.
Is there a legal route without the OLG waiver?
Yes, marrying in Denmark. No one there requires a certificate of no impediment; the Agency of Family Law checks the requirements under Danish law from your documents. In Germany the Danish marriage is valid if it was formally valid and both partners were allowed to marry under their home country's law (Art. 11 and 13 EGBGB); Austria and Switzerland also generally recognize it. This is a regular, legal route, not a grey area.
How long is a granted OLG waiver valid?
Six months, as set out in the law (§ 1309 Abs. 2 Satz 4 BGB). If you don't marry within that period, you have to go through the procedure again, including new documents. So schedule your registry office ceremony as soon as possible after the waiver is granted.
Is the Danish marriage recognized in Germany even though no certificate of no impediment was presented?
Yes, without a recognition procedure. What matters is that the ceremony was formally valid under Danish law and that each partner was allowed to marry under their home country's law, i.e. was of age and not married to someone else (Art. 11 and 13 EGBGB). You can optionally have it registered in the German marriage register; for tax class and everyday life it is valid even without that registration.
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