Key Benefits:
Translations N 1
Acts prepared, issued or certified by an officer of the civil status of one of the Contracting States and bearing his seal shall not require any legalization in order to be used in the other State.
(1) Where the birth of a national of one of the Contracting States is registered in the other State,
The officer of the Swiss civil status ships an act of birth with an indication of the place and date of the marriage of the parents of the child and of their address;
In the case of a natural child, with indication of the place and date of birth of the mother, of his address, and of her last place of residence in Austria;
The officer of the Austrian civil status ships an act of birth with an indication of the place of origin of the parents or, if it is a natural child, the place and date of birth, and the place of origin of the mother.
(2) If a marginal mention is added to the registration of the birth, the case referred to in Article 6 is excluded,
The officer of the Swiss civil status ships a birth certificate reproducing the marginal mentions;
An officer of the Austrian civil status shall have a certified copy of the birth register.
The indications referred to in paragraph 1 shall be added.
(1) Where the marriage of a national of one of the Contracting States is registered in the other State,
The Swiss Civil Registry Officer shall send an act of marriage with an indication of the address of the spouses and of the Austrian civil registry office which has established the certificate of marital capacity,
The Austrian civil service officer shall send an act of marriage with an indication of the place of origin of the Swiss spouse.
(2) Where marginal entries are added to the registration of the marriage, the case referred to in section 4 is excluded.
The officer of the Swiss civil status ships a marriage certificate reproducing the marginal entries,
The Austrian civil status officer shall send a certified copy of the entries in the family book.
The indications referred to in paragraph 1 shall be added.
(1) Where the dissolution of a marriage by divorce is pronounced in one of the Contracting States and the marriage has been concluded in the territory of the other State or one of the spouses is a national of the other State,
(2) These rules shall apply by analogy in the case of annulment of the marriage or where the existence or non-existence of a marriage is established.
(3) The requirements of paragraph 1 shall not apply if none of the spouses is a national of one of the two States.
(1) Where the death of a national of one of the Contracting States is recorded in the other State,
The officer of the Swiss civil status shall send an act of death with an indication of the address of the deceased and his last residence in Austria; if the deceased was married, the place and date of the celebration of the marriage shall be indicated.
The Austrian civil status officer shall send an act of death with an indication of the place of origin of the deceased.
(2) If marginal mentions are added to the register of death, the Swiss civil registry officer shall send an act of death with the marginal mentions;
The Austrian civil status officer shall send a certified copy of the entries in the register of deaths.
The indications referred to in paragraph 1 shall be added.
(1) Where a marriage is registered in one of the Contracting States and entails the legitimation of a child whose birth is registered in the other State or who was a national of the other State at the time of the marriage of his parents,
The officer of the Swiss civil status who has entered the legitimation shall ship the marriage certificate of the parents if the marriage was celebrated by a Swiss civil registry officer; an extract from the register of families if the parents did not marry in front of a In the register of families, the birth certificate of the child, if the birth was registered by an officer of the Swiss civil status; the act of legitimation;
The officer of the Austrian civil status who celebrated the marriage sent, if the birth of the child is not registered in Austria, the marriage of the parents with an indication of the place of origin, place and date of birth of the child;
If the birth of the child is registered in Austria, a certified copy of the entries in the book of the families in which the child was registered as a legitimate child after the legitimation and a copy, with an attestation of entry into Force, of the judgment of the Court of Guardias finding the legitimation of the child, and the birth certificate of the child.
(2) The mandatory communication provided for in paragraph (1) shall apply mutatis mutandis, in relation to the recording of legitimation or legitimation itself:
To the civil status officer who has registered the legitimation,
To the civil status officer who celebrated the marriage, when the birth of the child is not registered in Austria or to the civil status officer holding the birth register.
(3) The requirements of paragraphs 1 and 2 shall also apply where the child is not the child, but the father who was a national of the other State at the time of marriage.
(1) Where the compulsory exchange of acts of the civil status results from the fact that the person affected is a national of the other Contracting State, it must also take place if that person possesses, in addition to the nationality of that State, the nationality of the other State or A third country.
(2) Stateless persons who have their domicile or habitual residence in the other State shall be assimilated to nationals of the other State in respect of compulsory communications.
The acts of the civil status shall be transmitted, at least once a month, to the competent consulate of the other State.
When a national of one of the Contracting States intends to enter into marriage in the other State, the officer of the civil status of the State of the place-of the celebration transmits the request of the fiancé for the issue of a certificate of capacity Marriage to the officer of the competent civil status of the State of origin. It shall attach to the application, for the two fiancés, the parts designated in Annex 1 to this Agreement.
(1) The civil status officer of the State of origin shall send the certificate of marital capacity to the officer of the civil status of the State of the place of the solemnization of the marriage. The documents produced will be returned at the same time; however, the application remains in the hands of the registrar.
(2) If the issuance of the certificate meets obstacles, it should be noted.
The application for a certificate of marital capacity shall be made on a form in three languages, the model of which shall be attached to this Agreement as Annex 2.
When a piece is not written in German, the fiancé attaches a certified German translation to it.
The Certificate of Matrimonial Capacity is issued free of charge.
(1) States shall communicate to each other the provisions governing the territorial jurisdiction of civil status officers to issue certificates of marital capacity.
(2) The provisions currently in force are set out in Annex 3.
(1) This Agreement shall enter into force on the first day of the third month following the exchange of instruments of ratification.
(2) On the entry into force of this Agreement, the Agreement of 9 December 1953 1 On the simplified grant of marriage certificates and the exchange of civil status documents shall be repealed.
1 [RO 1954 653]
This Agreement shall be concluded for a period of five years from the date of its entry into force.
If it is not denounced six months before the expiry of the five-year period, it is renewed tacitly from year to year.
In witness whereof, The Plenipotentiaries of the two Governments have signed and sealed this Agreement.
Vienna, 26 April 1962.
| To Swiss |
To Austrians |
|
| To marry in Austria |
To marry in Switzerland |
Single Fiancés with Civil Rights
| 1. |
Exhibit of the home. |
1. |
Proof of last residence or habitual residence in Austria. |
|
| 2. 1 |
Certificate of civil status of the civil status of the municipality of origin, validity: 6 months. |
2. |
Certified copy of the birth register; validity: 6 months. |
|
| 3. |
Certification by the Austrian registrar confirming that the fiancés have requested the publication of the banns. |
3. |
Marriage of parents (for fiancés who are natural children: act of birth of the mother). |
|
| 4. 2 |
For the fiancés subsequently adopted parents by collateral line: authorisation of marriage of the cantonal government. |
4. |
Certificate of nationality. |
1 According to the ACF of 12 January 1977, in force since 1 Er Jan 1978 (not published in the RO), the form "Certificate of civil status" has been replaced by the form "Individual civil status certificate for persons of Swiss nationality".
2 Introduced by the exchange of letters of 3 July 1975, in force since 24 August 1976 (RO 1976 1705).
Minor or prohibited Fiancés not having the full exercise of civil rights or permission to enter into marriage
(in addition to the parts required under I)
| 1. |
Fiancé 18 to 20 years old, fiancée aged 17 to 18: permission of the cantonal government to contract marriage. |
1. 1 |
Fiancé between the ages of 18 and 19, engaged between 15 and 16 years of age: decision of the Austrian court on marital capacity. |
| To Swiss |
To Austrians |
|||
| 2. |
Fiancee aged 18 to 20: consent of the legal representative (father and mother, guardian). |
2. 2 |
Fiancé or fiancée of less than 19 years of age, whose emancipation would have been declared by an Austrian court (majority): consent of the legal representative (father, mother, guardian) or decision of the Austrian court instead of the consent refused by the Legal representative. |
|
| 3. |
Interdict: Consent of the legal representative. |
3. |
Partial ban: consent of the legal representative. |
Previously married Fiancés
(in addition to the parts required under I)
| 1. |
Family Act of the commune of origin, in place of I, number 2; validity: 6 months. |
1. |
Proof of the dissolution or nullity of previous marriages (death certificate; enforceable judgments relating to the declaration or finding of the death of the spouse; judgments in divorce, annulment or nullity of marriages Cases of previous marriages; if the judgment does not come from a court of the State to which the spouses belonged at the time it was rendered, the decision of the Austrian Ministry of Justice on the recognition of the foreign judgment). |
|
| 2. |
If the last marriage has been dissolved by divorce in the last 3 years: binding judgment. |
2. |
Fiancés remarrying within 10 months of the dissolution or declaration of invalidity of the previous marriage: waiver of the marriage ban resulting from the waiting period issued by the Austrian civil registry officer. |
| To Swiss |
To Austrians |
|||
| 3. |
Fiancée remarrying within 300 days of the dissolution or declaration of invalidity of the previous marriage: a decision by the Swiss judge shortening the waiting period. |
3. |
Previous marriage dissolved by divorce due to adultery with the fiancé: exemption is relative. |
|
| 4. |
The fiancés are allies on the direct line: dispensation. |
Acts which cannot be produced shall be replaced by other supporting documents. If these replacement parts cannot be produced, the fiancé may make a sworn statement; the registrar legalizes the signature. The cantonal civil status monitoring authorities shall freely appreciate if the replacement supporting documents or an affidavit are sufficient.
Die nachstehend bezeichneten Verlobten wollen miteinander die Ehe eingehen.
The following designated funds wish to enter into marriage.
Gli sposi designati qui appresso intendono contrarre matrimonial.
Zu diesem Zweck stellt/die
In this intention
A tal scopo
Den Antrag auf Ausstellung eines Ehefähigkeitszeugnisses.
Requests the issuance of a certificate of marital capacity.
Domanda il rilascio di un certificato di capacità al matrimonio.
Die Verlobten machen hierzu folgende Angaben:
The fiancés give the following indications:
Gli sposi forniscono le indicazioni seguenti:
| Der Bräutigam fiancé lo sposo |
Die Braut la fiancée la sposa |
| 1. |
Familiar Name Cognome |
|
| 2. |
Vornamen First Names Nomi |
|
| 3. |
Beruf Profession Professional |
|
| 4. |
Staatsangehörigkeit Nationality Cittadinanza |
|
| 5. |
Geburtsdatum und -ort Date and place of birth Data e luogo di nascita |
|
| 6. |
(a) |
Wohnsitz (Ort, Bezirk, Strasse, Haus-Nr.) Home (locality, district, street, n O ) Domicilio (località, distretto, strada, numero) |
| (b) |
Letzter gewöhnlicher Aufenthalt in Österreich (Ort, Bezirk, Strasse, Haus-Nr.) Last habitual residence in Austria (locality, district, street, n O ) Ultima residenza in Austria (località, distretto, strada, numero) |
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| (c) |
Heimatort in der Schweiz Place of origin in Switzerland Luogo di attinenza in Svizzera |
|
| 7. |
Familienstand (ledig, verwitwet, geschieden) Civil status (single, widower, divorced) Civil status (celible, vedovo, divorziato) |
|
| 8. |
Frühere Ehen und ihre Auflösungsgründe Past marriages and causes of their dissolution Matrimoni precedenti e cause del loro scioglimento |
Wir sind nicht miteinander verwandt oder verschwägert *.
We are not a blood parent or an alliance *.
No nè consanguinei nè altrimenti imentati *.
Wir sind in folgender Weise miteinander verwandt oder verschwägert *:
We are related as follows *:
Siamo imentati come segue *:
Wir stehen in keinem Adoptionsverhältnis zueinander.
We are neither in favour of the other nor adopted or adopted.
Non-siamo, vicentric mente, nè adottati nè adottandi.
Wir stehen-nicht-unter Vormundschaft *.
We are-not under guardianship *.
Siamo-non siamo-sotto tutela *.
Wir wollen in der Schweiz/Österreich heiraten *.
We wish to marry in Switzerland/Austria *.
Intendiamo sposarci in Svizzera/Austria *.
Wir überreichen folgende Urkunden * *:
We submit the following documents * *:
Produciamo i seguenti documenti * *:
| Für den Bräutigam For fiancé Per lo sposo |
Für die Braut For fiancée Per la sposa |
| , |
Den le il ............................................................. 19 |
| Unterschriften-Signatures-Firme Die Richtigkeit der Unterschriften wird beglaubigt. The autheniticity of signatures is certified. È certificata l' autenticità delle firm. Der Zivilstandsbeamte/Standesbeamte: The Civil Status Officer: L' ufficiale dello stato civile: |
| * |
Nichtzutreffendes ist zu streichen. Delete what is wrong. Cancellara quanto non fa al caso. |
| ** |
Die Urkunden sind mit dem Ehefähigkeitszeugnis zurückzugeben. The documents will be returned with the certificate of marital capacity. I documenti presentati saranno restituiti al momento del rilascio del certificato di capacità al matrimonio. |
(a) Republic of Austria:
It is competent to establish the certificate of marriage capacity which is indispensable for the Austrian national to marry abroad, the registrar in the district in which the fiancé has his domicile or, in the absence of his domicile, his residence. If the fiancé does not live or reside in Austria, the place of his last habitual residence is decisive; if he has never been in Austria or has only stayed there temporarily, the Civil Status Officer Centre Ville-Mariahilf (Innere Stadt-Mariahilf, Wien), Vienna is competent.
When the two fiancés are Austrian, it is sufficient for only one Austrian civil status officer to issue the certificate of marriage capacity, even if the two fiancés have not lived or resided in the same civil-state district.
(b) Swiss federation:
The certificate of marriage capacity required in Switzerland (fiancé or fiancée) to marry abroad shall be established by the competent civil status officer only on the basis of the publication of the banns.
Has jurisdiction to issue Certificate of Marriage Capacity:
