Can we marry a Chinese person
A marriage entered into abroad by a person with Austrian citizenship is valid in Austria if the formal requirements of the state in which the marriage is entered into are complied with. If Austrians intend to marry abroad, they must therefore contact the state or denominational authority responsible under the law of the host country. These formal requirements can be requested from the marriage authority abroad or from foreign representation authorities in Austria. The Austrian legal system does not provide for a marriage of Austrian citizens before the Austrian representation authorities ("consular marriage").
Certificate of marital status
If a person with Austrian citizenship wants to marry abroad, he / she needs, in accordance with the laws of the host country, in some cases an Austrian certificate of marital status (valid for six months). The registry office in Austria certifies that the fiancé named in it can marry by means of the certificate of non-marriage. The Austrian civil status authority (registry office) in whose area one of the fiancés has his place of residence or residence is responsible for issuing the documents. If none of the fiancées is domiciled or resident in Austria, the civil status authority (registry office) in whose area one of the fiancées was last domiciled in Austria is responsible. If this also does not result in responsibility, the municipality of Vienna (registry office Vienna-Innere Stadt) is responsible. If both fiancées are Austrian citizens, it is sufficient - unless foreign law expressly requires otherwise - that only one Austrian certificate of marital status is issued for both fiancées. Even if the foreign marriage authorities do not require a marriage certificate, it is still strongly recommended to have an Austrian certificate of marriageability issued. This can be particularly important for clarifying the future common family name. In preparation for getting married abroad, it is also recommended to have international civil status certificates (birth certificate, marriage certificate, death certificate) issued by the competent registry office in advance.
Special features in China
If you want to get married in China, the Chinese authorities (registry office) currently only accept confirmation from the embassy as confirmation of unmarried status. This confirmation is issued to you by the consular department of the embassy on the basis of a certificate of marital status or a partial extract. The documents are valid for 6 months from the date of issue. The fee for the confirmation can be found under Consular Fees.
According to the Chinese Ministry of Civil Affairs, marriages are no longer possible for two people who are not Chinese. Marriages of persons of non-Chinese citizenship (e.g. with Austrian citizenship) and a person with Chinese citizenship are still possible.
Ministry of Civil Affairs Notice (Chinese Only)
Recognition of the marriage certificate in Austria
A marriage concluded according to local law is recognized in Austria after legalization. You can find more information on this in the section Certifications.
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