Notary Public Services – Certificates of No Impediment to Marriage

Getting married overseas

If you are intending to marry overseas (ie, outside of Australia) the officials in that country may ask you for a Certificate of No Impediment to Marriage. But what is it?

A Certificate of No Impediment to Marriage is a document issued by the Department of Foreign Affairs and Trade (DFAT) to Australian citizens who want marry overseas indicating that there are no legal limitation on them marrying (ie, they are not already married etc). You do not need a Certificate of No Impediment to Marriage to marry in Australia. The application forms are available from DFAT.

So why would you need a notary public to get married overseas?

Some overseas marriage officials will only accept Certificates of No Impediment issued by the local Australian Embassy or Consulate in their own country (being the country in which the marriage is to take place). If you live in Australia, this means you may need to have your application form notarised by a notary public in Australia before sending the application form to the local Australian Embassy or Consulate in that country.

You may also need a notary public to assist you in preparing some of the other required documents. In addition to a Certificate of No Impediment to Marriage, overseas marriage officials may also require other documents such as:

  • Proof of your identity. For example, you may need to provide a copy of your birth certificate, passport or other personal identification.
  • Proof of your address. For example, you may need to provide a copy of your rates or utilities notices.
  • Statutory declaration, affidavit or some sworn statement. For example, you may need to swear that you are single and free to marry, and that you choose to marry voluntarily.
  • If relevant, evidence that you are ‘free to marry’. If you are living in Sydney, then you can obtain a certificate of that nature from the Registry of Births, Deaths and Marriages (in Sydney or Parramatta). This certificate will state that there is no record of you having been married in New South Wales.
  • If relevant, evidence that you have been divorce, or that your previous spouse has passed away. For example, you may need to provide a copy of your divorce order or death certificates.

If your intended spouse is also an Australian citizen, they may also have to provide the same kind of documentation.

If you are sending copies (and sometimes if you are sending originals) you should also check with the overseas marriage officials whether those documents need to be notarised by a notary public, and whether those documents then need to be stamped with an authentication or an apostille by DFAT.

Important

This article is only an overview of the issues faced by Australian citizens when they wish to marry overseas. The requirements vary between different countries and you need to check the specific requirements of the country in which you intend to marry. As a notary public, we assist many clients by witnessing statements and notarising documents required to satisfy overseas marriage officials.

Do you have any questions regarding this article?

Whether you're notarising a document for the first time or the hundreth time, the requirements, processes, and terms can be confusing and daunting - or just a pain and a hassle (especially if you need an apostille, or to authenticate or legalise as well). Don't worry! We're here to simplify it, explain it, and help you with what you need to achieve it.

Contact us or visit our Frequently Asked Questions for more information about our notary public services. We've also created a flowchart to help explain notarisation, apostille, authentication and legalisation.

So, what's next?

Visit our Notary Fees page for a free quote for our notary public services or just call us on +61 2 9687 8885 to speak with our friendly team about your requirements.

Why choose Phang Legal for your notary public services?

We're a leading provider of notary public services in Sydney known for our experience and expertise in notarising documents for other countries, our low-cost fixed fees and service offering, and our availability to help on short notice. With our offices conveniently located in Parramatta, the geographic centre of the Sydney metropolitan area, we help clients from across Sydney and beyond with personal, professional and timely notary public services.

Ern Phang
Notary Public

This website is maintained by Phang Legal, a boutique law firm in Parramatta and a leading provider of quality notary public services to satisfied clients across Sydney.

Ern Phang is a director of Phang Legal and a notary public (since 2005). Ern regularly writes about his experiences as a notary public and the issues faced by his clients in sending documents to other countries.

All information contained in this article is for general purposes only and correct at the time of publication. Only rely on information and advice specific to your situation and current at the time you wish to rely on it.