Which documents are required 3

Registration for marriage

General information

Danger

These regulations apply to all marriages in Austria.

If you have decided to get married, you must register with a registry office for a procedure to determine whether or not you are able to marry. As part of this procedure, the authority takes minutes.

Note

The Constitutional Court (VfGH) abolished the different regulations for different and same-sex couples with a ruling on December 4, 2017. This means that same-sex couples can also get married in Austria. In principle, this has been possible since January 1, 2019. Same-sex couples are allowed to marry in Austria even if one or both fiancées come from a country that does not recognize same-sex marriage. However, the marriage is not automatically recognized in the home country.

When registering for the civil marriage, the registrar can be informed about the name being used in the marriage. It would therefore be advisable if you are already clear about the naming in the marriage before registering for the civil wedding. The declaration can be made on the day of the marriage or during the marriage.

requirements

To get married, you must be able to marry. There must also be no marriage ban for you.

Marital capacity is given when a person is of legal age and capable of making decisions. Men and women come of age on their 18th birthday. Those who can make decisions are those who understand the meaning and consequences of their actions in the respective context, who can determine their will accordingly and behave accordingly.

Between 16 and 18 years of age, a legally binding declaration of marital status is required. The court must declare a person fit for marriage upon application if

  • the future spouse is already of legal age and
  • the person appears ripe for that marriage.

In the case of minors, the legal representative must consent to the entering into the marriage.

To the Marriage bans counting:

  • Consanguinity
    Marriage may not be concluded between straight blood relatives (e.g. father and daughter) or between siblings or half-siblings. This also applies if the child's parents Not together married are / were.
  • Adoptive relationship
    A marriage may also not be concluded between the adoptive mother / father and the adoptive child as long as the adoptive relationship has not been dissolved.
  • Double marriage
    No one can marry while he or she is still in an existing marriage or registered partnership. It is irrelevant whether the spouses (or registered partners) actually live together. It is crucial that the marriage (or registered partnership) has not yet been dissolved (e.g. through divorce, annulment, death) or declared null and void.

Deadlines

The registration for the civil wedding should six months before the desired wedding date be made, as the determination of marital eligibility is only valid for a maximum of six months. There is no longer a minimum period for the procedure before the wedding, but the average waiting time in larger cities is two to six weeks.

The announcement of a contingent (notice on the municipal office notice board) no longer exists in Austria.

Competent authority

Every civil status authority throughout Austria:

tip

Some registry offices offer you the opportunity to reserve an appointment for your wedding online. These are for example:

→ Linz

→ Mödling

→ Salzburg

→ Vienna

The wedding itself can also take place at another registry office.

Procedure

Before the marriage ceremony, the registry office must determine the fiancée's ability to marry on the basis of the documents presented in an oral hearing. In principle, both fiancés must be present at this oral hearing.

It then becomes a Record of the determination of the eligibility for marriage ("Contingent") prepared.

At your first appointment, you do not have to present all the required documents and evidence immediately. It can often take longer to obtain the relevant documents. In a personal interview with your registrar, find out which documents are required in your individual case.

In exceptional cases, it is sufficient for a fiancé to audition alone. Before registering at the registry office, you must then collect the "Declaration for determining marital capacity" form, which is available from each registry office. The fiancé who does not show up must indicate a reason for prevention. The other fiancé must then hand in the form when registering for the marriage.

Required documents

If you Austrian and are single and have full legal capacity:

  • Official photo ID (valid passport or valid identity card)
  • If the birth is not notarized or registered in Germany: a certificate corresponding to a copy from the birth register
  • The birth certificate, if the birth took place in Germany, for the purpose of any subsequent entry in the Central Civil Status Register (ZPR)
  • Proof of citizenship or entry in the Central Citizenship Register
  • If your main place of residence is abroad: proof of your main place of residence
  • Possibly documentary proof of academic degrees and, on request, further documents or evidence

If you already married or were in a registered partnership: additionally

  • Marriage certificate / s of the last marriage or the partnership certificate of the last registered partnership
  • Divorce certificate or proof of the annulment or annulment of the previous marriage (decision or judgment with valid confirmation of the legal force - legal force stamp!), Decision on the dissolution of the previous registered partnership (s)
  • If necessary, death certificate for the spouse
  • If necessary, death certificate for the registered partner
  • In the case of a foreign decision on the dissolution or annulment: the court decision on the recognition provided with the confirmation of legal force, unless the Brussels II a-Regulation is applicable

If you one child or several children together have: additionally

If you limited legal capacity or not of age are: additionally

  • for 16 to 18 year olds:
    • Declaration of age from the court (with valid confirmation of the legal force - legal force stamp!)
    • Consent of the legal guardian or corresponding court order

If you not present at the registration of the bid you also need the form "Declaration for the determination of the eligibility for marriage" available at every registry office.

Which documents if there is a foreign citizenship You can find out what you need to register your marriage at the relevant registry office.

Note

Through agreements with Germany, Italy and Switzerland, the Austrian registry office can also obtain the certificate of marriageability directly from the registry office responsible for the person willing to marry in his / her home country.

Foreign-language documents must be submitted in the original together with a translation.

For example, an apostille may be required to recognize the documents.

In case of doubt, an original foreign language certificate must be submitted together with a certified translation. Interpreters from other EU / EEA member states can also register for the list of sworn and court-certified interpreters in Austria.

costs

  • For the procedure for determining the eligibility for marriage: 50 Euros
  • Submission of foreign documents: 130 euros
  • Additional costs: Federal administration tax and possible commission fees

Federal administration tax

  • Wedding ceremony by the registrar in the office during office hours: 5.45 euros
  • Wedding ceremony by the registrar in the office outside of office hours: 10.90 euros
  • Wedding ceremony by the registrar outside the office at life-threatening illness a fiancé: 5.45 euros
  • Wedding ceremony by the registrar outside the office in all other cases: 54.50 euros

There may also be costs for using additional services such as music.

Additional Information

If you need another marriage certificate later (e.g. duplicate in the event of loss or theft, multilingual marriage certificate), you can apply for a marriage certificate / international marriage certificate to be issued.

Unless there is an overriding legitimate interest of the persons to whom the entry relates, the following have the right to issue a marriage certificate:

  • Persons to whom the entry relates and other persons whose civil status is affected by the entry
  • Persons who demonstrate a legal interest in it

Related Links

Legal bases

Last updated: January 25, 2021
Responsible for the content:
  • federal Ministry of Internal Affairs
  • Federal Ministry of Justice