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)