Documents You Need Notarised When Getting Married Overseas

Couples planning a wedding abroad are often told they will need "a lot of notarised documents". In practice, an Australian marrying overseas may need very little from a notary. Most of the paperwork comes from DFAT and your state registry, and the most important document of all — proof that you are free to marry — is issued by the Australian Government, not witnessed by a notary.

Here is the sequence, and where a notary genuinely fits.

First decide where the legal marriage will happen

Before any paperwork, one question saves a great deal of it. Many couples have the ceremony they want overseas and complete the legal marriage in Australia, before or after, with an authorised celebrant. The overseas event is then a celebration with no documents at all.

If you want the legal marriage to take place abroad, it must satisfy that country's law, and it will generally be recognised in Australia if it was valid where it was performed. There are exceptions, and if either of you has been married before, is under 18, or the marriage would not be permitted in Australia, speak to a family lawyer before you commit.

What the foreign registry will usually ask for

The authority that performs or registers the marriage sets the list, and asks for it from both partners. Typically:

• passports
• birth certificates
• evidence that each of you is free to marry
• if previously married, proof the marriage ended — a divorce order or the former spouse's death certificate
• evidence of any change of name

Some countries also require a period of residence before the wedding, or a notice period. Get the list from the registry or the local authority, in writing, before you order anything.

Proof you are free to marry: from DFAT, not a notary

Many countries ask for a Certificate of No Impediment to Marriage. In Australia this is issued by DFAT, through its passport and consular network, not by a notary. Check DFAT's current process for applying: the application involves details of both partners and, where applicable, evidence of how any previous marriage ended.

Some countries do not recognise that certificate and ask instead for a sworn statement of single status. That is a notarial act if you swear it in Australia: you make the statement, the notary administers the oath or affirmation and witnesses your signature, and the document then goes to DFAT for an apostille or authentication. Other countries want the statement made before their own consulate or before local officials when you arrive. Find out which before booking a notary.

Birth certificates: probably no notary

A birth certificate from a state or territory registry is a public document, and DFAT may be able to apostille the original directly — confirm with DFAT. If it can, you do not need a notary. Order the full certificate that names your parents, and consider ordering a fresh one, because many registries abroad want a recently issued certificate.

A notary is needed only if you must keep the original, or the foreign authority specifically asks for a notarised copy. Our birth certificate page explains both routes.

If you have been married before

The foreign registry will want to see that the earlier marriage has ended. For an Australian divorce, that means evidence that the divorce order has taken effect, not just that it was made — foreign registries often ask for a "decree absolute", which Australia no longer issues. Our page on notarising a divorce decree explains what to obtain and whether a notary is needed.

Timing: not too early

Many countries only accept documents issued or authenticated within a set period before the wedding. Prepare too early and the documents can expire before the date. Work backwards from the wedding and from each authority's limit.

The destination also decides whose translation it accepts. Some want their own sworn translators; ask before commissioning one here. Whether it is an apostille member must be checked against the HCCH status table on the day. If it is not, documents need DFAT authentication and then legalisation at that country's embassy in Australia.

After the wedding: the certificate you bring home

Australian registries do not register marriages that take place overseas. The foreign marriage certificate is your proof of marriage in Australia, for a partner visa, a change of name, a bank, or later a divorce.

So before you leave the country:

• obtain the official marriage certificate from the civil registry, not just a ceremonial one from the venue or celebrant
• ask for more than one original
• ask how to have it apostilled or authenticated there, because a foreign document is authenticated in the country that issued it and this is much harder to arrange from Australia later

For use in Australia, have it translated by a NAATI-credentialled translator. Australian agencies differ in what they accept for a name change based on an overseas marriage, so check with each one.

Frequently asked questions

Can a notary issue a certificate of no impediment? No. It comes from DFAT. A notary can witness a sworn statement of single status where a country asks for that instead.

Can a Justice of the Peace witness my statement of single status? For use overseas, generally no. A JP's certification is not recognised abroad and cannot be apostilled.

Do we both need to attend the notary? Each person signs their own statement, so each attends. You do not have to go together.