Certainly, anybody who could potentially get married needs a single status affidavit or certificate. An affidavit can be obtained if the unmarried or bachelorhood certificate is not formally issued in the country or state.
Diverse countries issue it with different names, like the certificate of no impediment, the certificate of being single, the civil status certificate, or the celibacy certificate. These are just different names of a document that serves the same purpose, which is to prove that the individual is single. This document is the typical need to solemnise marriage in a foreign country.
An Introduction: Single Status Affidavit
Like any other sworn statement, this is an oath written and attested to provide legal proof of being single in the home country. With this statement, the applicant affirms that he or she is not currently married and legally eligible for it. You can use this proof as a civil status certificate or vice versa.
A notary public, gazette officer, or embassy/consulate has the right to issue it. Later, this document is notarised and attested or apostilled to attain legal acceptance worldwide.
Why is a Single Status Affidavit Required?
If you still think, “Do you need this unmarried affidavit?” find out why you need this sworn statement. Let’s help you find it here.
The reason why you need it is the international marriage. It prevents bigamy and marital scams or frauds. Besides, this documented proof will eliminate legal complications in case of any lawsuit later. Overall, this sworn statement represents an assurance that a foreigner intending to tie a knot complies with marriage laws of both home and local country.
Do All Countries Require It?
Well, the need to present a single status certificate can differ from country to country. Let’s consider some cases of a few countries here:
- United States
The states in the USA have unique marriage laws. However, natives don’t typically need it for domestic marriages. But tying a knot with a foreigner is a matter of concern. So, presenting this proof becomes mandatory to avoid frauds.
2. United Kingdom
In the UK also, this document is known as a certificate of no impediment. It is commonly required for international marriage events. The local registrar has the authority to issue it, which clears all legal barriers between the marriages.
3. India
Like the USA, India’s Special Marriage Act and the Hindu Marriage Act do not require it for its natives. But its embassies also ask foreigners to present this freedom to marry proof. The authority issues it once it receives sufficient evidence of the fact that the applicant is single.
4. Australia
The Australian government issues it as a certificate of no impediment. Specifically, the Department of Foreign Affairs and Trade (DFAT) has the right to provide it. For regional marriages there, it’s not usually required.
5. European Union Countries
For European Union countries like Germany, France, and Italy, this is a single status affidavit. These countries also issue it to foreigners with the intent to marry with their natives.
Before applying, the applicant must understand that some supporting documents are indeed required for verification of their status. These can be identity proofs like a birth certificate, a notarised affidavit of applicant and parents, address proof, and a civil status certificate (in some cases). These documents must be presented in original with translations into a local language or English.
6. Asian Countries
- Philippines: This is one of the countries where Filipinos (natives) with foreigners also require a certificate of no marriage (CENOMAR). The only difference is that the issued certificate to foreigners is regarded as a single status affidavit, but not the certificate.
- Japan: This country issues the proof of single status, provided that the applicant has provided other authentic documents like identity, address, and birth proofs.
- China: Foreigners solemnising marriages in China must present a notarised affidavit of being single from their home country. But it must be translated like an academic transcript into Chinese during verification.
7. Middle Eastern Countries
Foreigners in Middle Eastern countries, like the UAE and Saudi Arabia, have to submit this affidavit for solemnising marriages with their citizens. But this paper is not accepted until it is attested or apostilled.
8. African Countries
In countries like Kenya and South Africa, this sworn statement is a must to tie a knot with their citizens. It is necessary for compliance with local marriage laws.
Now that you know why this affidavit is needed, let’s enrich you with the process of obtaining this paper in any country.
How to Obtain a Single Status Affidavit
However, the steps to apply or obtain it depend on your home country and its judicial system. But the common steps are given below:
- Discover Where to Obtain
Typically, the embassy, consulate, or gazette officer, like the magistrate or sub-divisional magistrate, or notary public, has the authority to issue it. So, you can call and get the details from these offices.
- Compile Supporting Documents for Verification
For application, the applicant must enclose these documents:
- photographs
- a birth proof
- a passport/visa
- an identity proof
- a decree absolute (in case of divorce)
- a death certificate of the late spouse
- a civil status certificate (in a few cases of separation or partnership)
- address proof in the home country
- an affidavit of his/her parents confirming their blood relationship
For additional requirements, you can check with the embassy, consulate, or local authorities of the country where you could potentially marry.
- Apply for the Document
- Now, visit the designated authority on the scheduled date and time. Apply for the unmarried affidavit.
- Present all supporting documents, such as a valid ID, birth certificate, and previous divorce decrees (if applicable).
- Translation and Legalisation
This document certainly needs translation in the local language spoken in the foreign country. So, you need to get it translated by a certified translator.
3. Notarisation and authentication
This step is for authentication. Since it’s an affidavit, it must be notarised, no matter where you obtain it from. This process is called notarisation, which a notary public does.
4. Foreign Ministry Attestation/Apostille
This is again an attestation service, where the foreign ministry attests or apostilles (in the case of the Hague Convention) it. You may face challenges in it, which can be resolved by following expert tips for document attestation. Alternatively, you can hire a consultant like Services 2 NRI or a legal matter expert.
Conclusion
Certainly, a single status affidavit is a must to solemnise international marriage. It helps to meet compliance with the marriage laws. A notary public, gazette officer, or embassy can issue it, provided you present all valid and authentic proofs of your identity, birth, divorce, separation, death of your spouse, and address. Later, it is verified and attested by the notary public and the foreign ministry of the foreign country.