Getting married in Scotland

61 posts in this topic

Posted

Anyone help with this one?... I'm british and next year my German fiancee and I intend to get married in Scotland. She needs a so-called 'certificate of no impediment', which is no problem. The question is, do I need one too? I live permanently in Germany and have done since Oct 2004. The authorities in Scotland tell me, as I'm British, I don't need this certificate of no impediment (only my passport, birth certificate and, if applicable, a divorce certificate) but the German authorities in Hamburg say I do!

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Posted

If you get married in Hamburg you will need one.

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Posted

But he's getting married in Scotland. He doesn't need to get married in Germany as well, does he? :huh:

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Posted

Well the problem lies in where your home country is. Are you permamently resident in Germany or in the UK?

General Register Office for Scotland PDF gives information on how to get married in Scotland and what documents you need if you are not a UK citizen or not domiciled in the UK.

General Register Office for Scotland website

You'd be best to email the GRO directly - depending on where you get the certificate, there may be a time limit on it. I think you'd need one but the GRO will know for sure.

And congratulations!

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Posted

@ cruiser: I (USA) was living in Germany for 12 years before I got married to a German and I still needed the frigging certificate. Get it, IIRC it's free and pretty quickly obtained.

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Posted

Thanks Katrina... but I'm still confused! It appears from the GRO Scotland information that my country of domicile is what matters, not my nationality. If this is the case, then the information I was given by the GRO over the phone is incorrect even though I made it clear to them that I live in Germany.

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Posted

 

@ cruiser: I (USA) was living in Germany for 12 years before I got married to a German and I still needed the frigging certificate. Get it, IIRC it's free and pretty quickly obtained.

If you got married in Germany then I can understand this, it's the law here. But this is not the case for me... I'm getting married in Scotland, because I thought the process would be much less complicated there!

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Posted

I'd email them - get the answer in writing. But as sarabyrd says, it is free and will do you no harm to get it *but* check the expiry date (do you feel like a carton of milk? ha ha).

Can I be nosey? Where are you getting married?

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Posted

Were they talking about your country of domicile or country of residence?

 

Your domicile (in tax terms anyway) usually would remain the UK even after you were resident in Germany - your country of residence is just where you spend most of your time

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Posted

Ah but domicile refers to the "permament home" not the current place of residence.

It connects a person to a distinct territory with a distinct system of law.

In my case, I am British, resident in Germany but also domiciled in Germany as I have my permament home here - Germany is my domicile of choice. Were I to pay income tax, it would be payable in Germany. If (big if) I were I marry in Scotland, I would need the certificate.

Thinking of someone else on TT, say Rus for one example, he is British, has a residence in Germany but is domiciled in the UK (his main home is there) and if he pays tax (I don't know his financial situation), he would be tax-liable in the UK subject to any dual taxation clauses. If (nonsense if here as I believe him to be wed) Rus were to marry in Scotland, he would not need the certificate.

Does that make things clearer? The tax issues aren't so relevant here but I hope they help explain things.

 

If you are not sure if you will stay permamently or without a time limit in Germany, your domicile is that of your origin - in your case British. And this is why the GRO may think that you are not a permament resident in Germany and therefore still domiciled in the UK.

 

And I hope Rus doesn't mind me using him as my example.

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Posted

not sure if its the same for Scotland but before I got married, my fiance (a German resident) had to 'live' at my England place for at least 14 consecutive days and visit the registrar at either end of the week to 'prove' it...

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Posted

 

Ah but domicile refers to the "permament home" not the current place of residence.

It connects a person to a distinct territory with a distinct system of law.

In my case, I am British, resident in Germany but also domiciled in Germany as I have my permament home here - Germany is my domicle of choice. Were I to pay income tax, it would be payable in Germany. If (big if) I were I marry in Scotland, I would need the certificate.

Thinking of someone else on TT, say Rus for one example, he is British, has a residence in Germany but is domiciled in the UK (his main home is there) and if he pays tax (I don't know his financial situation), he would be tax-liable in the UK subject to any dual taxation clauses. If (nonsense if here as I believe him to be wed) Rus were to marry in Scotland, he would not need the certificate.

Does that make things clearer? The tax issues aren't so relevant here but I hope they help explain things.

 

And I hope Rus doesn't mind me using him as my example.

Then by this definition I'm domiciled in Germany too.

The certificate of no impediment may be free, but the information needed to get it is not so easy to come by. The authorities in Hamburg require my previous marriage certificate, (which I don’t have, need to get a copy) and my birth certificate (which I have) and my divorce decree nisi (which I have). But this is not all... they want these documents to be authenticated by so-called Apostles (or something like that!) for each document, which I also have to get from the UK somehow. See what I mean? ...not so simple! The main reason we decided to get married in Scotland was to avoid all this extra bureaucracy

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Posted

I'd go with what the authorities in the place you are getting married tell you, since they are the ones who are doing the paperwork. It's different in every country and for every nationality. My husband needed one for us to get married in Germany, I didn't. Of course, it never hurts to have an extra bit of paper to wave in front of bureaucrats in case they get fussy, especially if you can get it easily and for free. Just for fun, the list of paperwork we needed to marry in Germany.

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Posted

OK we need Jimbo or similar on this thread - this is Notary time.

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Posted

Cruiser - to get rid of your domicile you have to basically cut all ties with your "original home country" - no bank accounts, no visits home etc. It's VERY difficult to do (but usually you don't even realise until you're dead and any legal wrangling starts!)

 

I know there may be some differences because we're not talking about tax here...but I think it all generally applies to the the way the UK government considers you.

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Posted

 

Can I be nosey? Where are you getting married?

Not nosey at all Katrina... where else but Gretna Green (the old anvil) ...we're not eloping! :rolleyes:

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Posted

I would hazarad a guess that you are still allowed visits home, you just need to make sure that you don't have a permanent residency in a legal sense.

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Posted

You could always get married in NRW - they don't need that specific certificate but you may need other certificates.

You can order your marriage certificate online.

Then either see a notary or contact FCO Legalisation Office as the Embassy no longer offers notary services for UK documents.

FCO Legalisation Office website

 

Gretna! Awwww And afterwards you can go to the outlet stores ;) Sorry, my family is from Dumfries so I know Gretna well. And yes I'm allowed to go back occasionally (this Hogmanay in fact).

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