Marriage Affidavits for Marriages or Registering Civil Partnerships Abroad | What are they?

Firstly, congratulations on your engagement and setting a wedding date!

If you are considering marrying abroad, then there are a number of factors to take into consideration other than choosing your outfits and wedding rings etc, the correct documentation will be required to enable you to achieve this, which can cost additional money and take time.

Primarily, you will need to check with the Embassy of the Country that you are planning to marry in to ascertain what documentation you will require. These documents are likely to be either:

• A Certificate of No Impediment to Marriage

This is a document that you each need to complete to prove there is no reason you cannot marry or enter into a civil partnership and also that there are no objections to a proposed marriage or civil partnership.

This document can be obtained from either the Embassy of the Country you are choosing to marry in or from a local Registry Office. If there are no objections, the Certificate of Impediment will be issued after approximately three to four weeks and the fee is in the region of £30 to £40.

To get married in a wide range of countries, the Certificate of No Impediment will also need to be apostilled and legalised for use.

and/or

• A Single Status Statutory Declaration

This is similar to the Certificate of No Impediment to Marriage. It is applicable to couples who have never been married and which proves that the couple are free to marry. You will need to complete one each and it should contain the following information:

• Full name, including any previous names.
• Address.
• Passport number.
• Confirmation of single status.
• Confirmation that each party is single and free to marry according to the legal requirements of that country.

This document must be obtained within three months of your intended wedding date. If your ceremony has not taken place within the three-month time frame, your notice will be void and you will need to reapply.

These must be stamped and certified by a solicitor in the UK.

Paperwork required to take with you

You will need to consult the Embassy of the Country or your Wedding Organiser as the full legal requirements will vary from country to country.

Every country will, however, require the couple to have the following:

• Valid 10-year passport. Your passport must be valid for at least six months after the date of your planned departure or arrival from the country (depending on the country).
• Full birth certificates.
• Deed Poll to reference any change of name.
• Original Decree Absolute, if married previously.
• Marriage and Death Certificates of a deceased spouse, if widowed.
• Adoption Certificate.

Depending on which country you are planning to get married in, or if you are marrying in a non-English speaking country, then translation of these documents may be required and legalised, i.e. an Apostille, which is an additional certification of authenticity to validate the documents abroad. You would need to contact the Foreign & Commonwealth Office to arrange for the documents to receive an Apostille Stamp.

If you are looking to get married or enter into a civil partnership abroad, you need to ensure that you factor in the costs of obtaining the above-mentioned documents and the legalisation of the same into your wedding budget. You also need to ensure that you have left enough time to obtain the documents.

How can Hegarty help?

If you are uncertain as to what documentation you require, or indeed require a Statutory Declaration to be prepared on your behalf and witnessed, one of our experienced family law solicitors will be able to provide guidance and support as to the best way forward.