Convention on the issue of certificates of capacity to contract marriage

Parties with reservations, declarations and objections

Party	Reservations / Declarations	Objections
Austria	Yes	No
Germany	Yes	No
Greece	Yes	No
Italy	Yes	No
Luxembourg	Yes	No
Moldova	Yes	No
Netherlands, the Kingdom of the	Yes	No
Portugal	Yes	No
Spain	Yes	No
Switzerland	Yes	No
Türkiye	Yes	No

Austria

09-07-1985

In accordance with article 8 of the Convention, the registrar of births, deaths and marriages of the district where one of the fiancés is domiciled or resident is empowered to issue the certificate of legal capacity to marry that an Austrian national needs to marry abroad.
If neither of the fiancés is either domiciled or resident in Austria, the registrar of births, deaths and marriages in the district where one of them was last domiciled in Austria is empowered to issue the certificate; or otherwise the registrar of births, deaths and marriages of Wien Innere Stadt.
If both fiancés are Austrian nationals, it is sufficient for the certificate of legal capacity to marry to be issued by a registrar of births, deaths and marriages who is empowered by the provisions above, even if the two fiancés are not domiciled or resident or have not been domiciled in the district of the same registrar of births, deaths and marriages.

Germany

06-08-1997

In accordance with article 8 of the Convention, Germany designates the following authorities as empowered to draft and issue certificates of legal capacity to marry:
a) when the fiancé(e) with German nationality is domiciled or resident in Germany, the registrar of births, deaths and marriages of the place where the fiancé(e) is domiciled or, if not domiciled, resident. If both fiancés are German, the registrar of births, deaths and marriages may draft and issue a certificate of legal capacity to marry for them both, even if the registrar is only competent to do so for one of them;
b) when the fiancé(e) with German nationality is neither domiciled nor resident in Germany, the registrar of births, deaths and marriages of the last place where the fiancé(e) was resident;
c) when the fiancé(e) has never or only temporarily been resident in Germany, the registrar of births, deaths and marriages of Berlin.

Greece

03-06-2014

In accordance with article 8 of the Convention, the competent authority issuing the certificates is: Ministry of Interior, DG of Administrative Support, Directorate of Civic Affairs, Registration & Civil Registry Unit.

Italy

24-04-1985

In accordance with article 8 of the Convention, Italy designates the registrars of births, deaths and marriages, and the consular authorities who act as registrars of births, deaths and marriages, as empowered to issue the certificates.

Luxembourg

14-06-1982

The registrar of births, deaths and marriages of the last place in the Grand Duchy of Luxembourg where the fiancé(e) was domiciled is empowered to issue the certificate of legal capacity to marry. If the person in question has never been domiciled in the Grand Duchy of Luxembourg, the registrar of births, deaths and marriages of the city of Luxembourg is empowered to do so.

Moldova

08-03-2010

In accordance with article 8, paragraph 1 of the Convention, Moldova designates the following authorities as empowered to issue certificates of legal capacity to marry:
a) to prepare and issue certificates of legal capacity to marry in the territory of the Republic of Moldova, the registry of births, deaths and marriages;
b) to provide certificates of legal capacity to marry to applicants abroad, the diplomatic and consular missions of the Republic of Moldova.

Netherlands, the Kingdom of the

05-10-1984

In accordance with article 8, the following authorities are designated as empowered to issue the certificates in the Kingdom in Europe, in the Netherlands Antilles and, as from 1 January 1986, in Aruba:
- for the Kingdom in Europe:
1. for persons domiciled in the Netherlands, the registrars of births, deaths and marriages of the place where those persons are domiciled;
2. for persons who are not but were previously domiciled in the Netherlands, the registrars of births, deaths and marriages of the last place where those persons were domiciled;
3. for persons who have never been domiciled in the Netherlands, the head of the diplomatic or consular mission of the Kingdom of the Netherlands in the jurisdiction where the marriage is taking place.
- for the Netherlands Antilles: the registrars of births, deaths and marriages of the different island territories or the authorities acting on behalf of those registrars.

05-10-2010

In accordance with article 8, the following authorities are designated as empowered to issue the certificates in Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba): the registrars of births, deaths and marriages of Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) respectively.

Portugal

20-11-1984

The authorities empowered to issue certificates in accordance with article 8 are the central registry of births, deaths and marriages (Conservatória dos Registros Centrais) and career diplomats or consular officials.

Spain

02-03-1988

The authorities empowered to issue the certificates are the consuls or judges responsible for the 'registros civiles' or, on the authority of these consuls or judges, justices of the peace.

Switzerland

19-03-1990

The Swiss authorities empowered to issue certificates of legal capacity to marry are:
a) if both fiancés are domiciled in Switzerland, the registrar of births, deaths and marriages of the place where either the fiancé or the fiancée is domiciled, as they choose;
b) if one of the fiancés is domiciled in Switzerland, the registrar of births, deaths and marriages of the place where that person is domiciled;
c) if neither of the fiancés is domiciled in Switzerland, the registrar of births, deaths and marriages of one of their places of origin; if both fiancés are Swiss, the registrar of births, deaths and marriages of either of their places of origin, as they choose. (24 June 1994)

Türkiye

10-03-1989

The Turkish authorities empowered to issue the certificates in questions are the registries of births, deaths and marriages in Turkey and the Turkish consular missions abroad. (10 May 1989)