Documents You Need Notarised When Getting Married Overseas

An Australian marrying overseas usually needs very little from a notary. Most of the paperwork comes from DFAT and your state registry. The key document, proof that you are free to marry, is usually a Certificate of No Impediment issued through DFAT. A notary fits mainly where a country wants a sworn statement of single status instead.

Key takeaways

• Decide first where the legal marriage happens. Marrying legally in Australia and celebrating abroad avoids most foreign paperwork.
• The foreign registry sets the list. Get it in writing, for both partners, before ordering anything.
• A Certificate of No Impediment comes from DFAT, not a notary.
• Registry birth certificates can usually go to DFAT directly for an apostille, with no notary.
• Many countries want documents issued or authenticated recently. Prepare too early and they expire before the wedding.

Where will the legal marriage happen?

One question saves a great deal of paperwork. 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. It needs no foreign registry and no documents at all.

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

What will the foreign registry 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, such as a divorce certificate 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. A list from a wedding planner or a friend may be out of date, or from a different town. In many countries, each municipality applies the national rules slightly differently.

Who issues proof that you are free to marry?

Many countries ask for a Certificate of No Impediment to Marriage. For Australians, it is issued through DFAT and its consular network, not by a notary. Check DFAT's current process on Smartraveller. The application involves details of both partners and, where applicable, evidence of how any previous marriage ended.

Some countries do not accept 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. The document then goes to DFAT for an apostille or authentication.

Other countries want that statement made before their own consulate, or before local officials when you arrive. Find out which before booking a notary. A statement sworn in the wrong place may simply be refused.

Do birth certificates need a notary?

Probably not. A birth certificate from a state or territory registry is a public document. DFAT can usually apostille or authenticate the original directly. Confirm on DFAT's page of documents it can legalise. If it can, you do not need a notary.

Order the full certificate that names your parents, not an extract. Consider ordering a fresh one, because many registries abroad want a recently issued certificate. A laminated certificate is refused by DFAT.

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

What 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", a term Australia no longer uses. What they need is usually the court's divorce certificate. DFAT can generally legalise that court document directly. Our page on notarising a divorce decree explains what to obtain.

If the earlier marriage ended with a death, the registry will want the former spouse's death certificate. An Australian registry death certificate can usually go to DFAT directly too.

What if your partner is not Australian?

Each partner's documents come from their own country. If your partner is a citizen of another country, their proof of freedom to marry comes from their own government, often through their embassy or consulate. Their birth certificate comes from their own registry and is authenticated there. An Australian notary cannot vouch for a foreign registry's document, and DFAT does not authenticate foreign public documents.

That can make the timeline uneven. One partner may have everything within weeks while the other waits on a registry abroad. Start with the slower country's list. If your partner lives in Australia on a visa, their home country's consulate here may be able to issue or certify some documents. Ask it directly.

What about evidence of a change of name?

If your name differs from the one on your birth certificate, the registry will want to see the link. That might be an earlier marriage certificate or a change of name certificate from an Australian registry. Both can usually go to DFAT directly. Where no official document links the names, a statutory declaration will not usually do for overseas use. A sworn declaration before a notary, then an apostille, is the usual substitute. Ask the registry first whether it accepts one.

When should you start the paperwork?

Not too early. Many countries accept documents issued or authenticated only 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.

1. Get the registry's list, in writing, with any time limits on documents.
2. Apply for the Certificate of No Impediment, or book the notary for a single-status statement.
3. Order fresh registry certificates, timed to fall within the registry's limit.
4. Send them to DFAT for an apostille or authentication.
5. Arrange legalisation at the embassy, if the country is not a Hague member.
6. Arrange translation, in the way the destination accepts.

Whether the destination is an apostille country 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. See apostille and authentication.

Who translates the documents?

The destination decides whose translation it accepts. Some want their own sworn translators, in their own country. Others accept a translation made in Australia, sometimes with its own apostille. Ask before commissioning one here. If the apostille must be translated too, translate after DFAT's step, not before. See translations and overseas authorities.

What should you bring home after the wedding?

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.

That last step is much harder to arrange from Australia later. An Australian notary cannot vouch for a foreign registry's certificate. 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. See documents from overseas for use in Australia.

Which documents need what?

Document	Usually from	Notary?
Certificate of No Impediment	DFAT	No
Sworn single-status statement	You, where the country asks	Yes, if sworn in Australia
Birth certificate	State or territory registry, then DFAT	Usually not
Divorce certificate	The Australian court, then DFAT	Usually not
Name change evidence	Registry certificate or declaration	Only for a declaration
Foreign marriage certificate	The foreign registry, authenticated there	No

Can a Justice of the Peace witness a single-status statement?

For use overseas, generally no. A JP is a volunteer witness for Australian purposes. A JP's certification is not recognised abroad, and DFAT cannot apostille it. If a country asks for a sworn statement of single status made in Australia, plan on a notary.

Here is an illustration, not a real case

A couple from Newcastle plan a legal wedding in a small Italian town. The town hall asks each of them for a birth certificate and proof of freedom to marry, issued within a set period. They apply through DFAT for Certificates of No Impediment and order fresh birth certificates. DFAT apostilles the certificates, and the town arranges its own translator. Neither of them sees a notary.

In short

Decide where the legal marriage happens first. Get the foreign registry's list in writing. Proof of freedom to marry usually comes from DFAT, and registry certificates go to DFAT directly. A notary is mainly for a sworn single-status statement. Time everything to the registry's limits, and bring home several official certificates. More on what a notary does is at document notarisation.

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Planning a wedding abroad? Send us the registry's document list, and we will explain each step before you book.