How to Get a Certificate of No Impediment: A Comprehensive Guide

Planning to get married abroad? Chances are, you’ll need a Certificate of No Impediment (CNI), also known as a Certificate of Freedom to Marry. This official document proves that you are single and legally free to marry. Obtaining a CNI can seem daunting, but this comprehensive guide breaks down the process step-by-step, ensuring you’re well-prepared for your international wedding.

What is a Certificate of No Impediment?

A Certificate of No Impediment (CNI) is a legal document issued by your country of citizenship or habitual residence. It confirms that there are no legal obstacles preventing you from getting married. This means you’re not already married, are of legal age to marry, and are not closely related to your intended spouse. Many foreign countries require a CNI to ensure that marriages performed within their borders are recognized as valid in other countries.

Why Do You Need a Certificate of No Impediment?

The primary reason for needing a CNI is to satisfy the legal requirements of the country where you plan to get married. Foreign authorities want assurance that the marriage will be recognized in your home country and that you’re not violating any marriage laws. Without a CNI, your marriage might not be legally recognized, leading to complications with immigration, inheritance, and other legal matters down the line. It’s also a way to prevent bigamy or forced marriages.

Who Needs a Certificate of No Impediment?

Generally, if you are a citizen of one country and plan to marry in another, you will likely need a CNI from your country of citizenship. The specific requirements vary depending on the country where you are getting married. It’s crucial to check with the local authorities or the embassy/consulate of the country where you intend to marry to confirm their specific requirements regarding the CNI.

General Process for Obtaining a Certificate of No Impediment

The process for obtaining a CNI can vary significantly depending on your country of citizenship. However, the general steps involved usually include the following:

1. Research the Requirements: Start by researching the specific requirements of the country where you plan to marry. Contact their embassy or consulate in your home country to obtain accurate and up-to-date information.
2. Determine the Issuing Authority: Identify the government agency or department in your home country that issues CNIs. This could be the General Register Office, a similar registry office, or a designated government department.
3. Gather Required Documents: Collect all the necessary documents, which typically include:
• Your passport
• Your birth certificate
• Proof of address (utility bill, bank statement, etc.)
• Divorce decree (if applicable)
• Death certificate of previous spouse (if applicable)
• Any other documents required by the issuing authority
4. Complete the Application Form: Fill out the application form accurately and completely. Be prepared to provide information about yourself, your intended spouse, and your planned marriage.
5. Submit the Application: Submit the application form and all required documents to the issuing authority. You may need to submit them in person, by mail, or online, depending on the specific procedures.
6. Pay the Fee: Pay the required fee for processing the application. The fee amount can vary depending on the issuing authority.
7. Waiting Period: Be prepared to wait for a certain period while your application is processed. The processing time can range from a few days to several weeks, depending on the issuing authority and the complexity of your case.
8. Publication of Banns (Optional): Some countries require the publication of banns, which involves publicly announcing your intention to marry. This is done to allow anyone who knows of a legal impediment to object to the marriage.
9. Receive the Certificate: Once your application is approved, you will receive the Certificate of No Impediment. Make sure to carefully review the certificate to ensure that all the information is accurate.
10. Legalization/Apostille (If Required): Some countries may require you to legalize or obtain an apostille for your CNI. This authenticates the document for use in a foreign country. Check with the embassy or consulate of the country where you are getting married to determine if legalization or an apostille is required.

Specific Country Examples: Obtaining a CNI from the UK

The process for obtaining a CNI from the UK involves several steps:

1. Notice of Marriage: You must give notice of marriage at a register office in the UK. You will need to do this even if neither of you lives in the UK. You will need to attend the register office in person and provide the following information:
   • Full name and address
   • Date of birth
   • Marital status
   • Nationality
   • Occupation
   • Name and address of the register office where you intend to marry (if applicable)
   • Name, date of birth, marital status, nationality and address of your fiancé(e)
   • The country you intend to marry in
2. Required Documents: You will need to bring the following documents to the register office:
   • Valid passport
   • Birth certificate
   • Proof of address (e.g., utility bill, bank statement)
   • Decree absolute (if you are divorced)
   • Death certificate of your late spouse (if you are widowed)
3. Waiting Period: After giving notice, there is a 28-day waiting period (this can be extended in some circumstances). This allows time for anyone to object to the marriage.
4. Certificate Issuance: If no objections are raised, the register office will issue a Certificate of No Impediment.
5. Fee: There is a fee for giving notice of marriage and issuing the CNI. The fee varies depending on the register office.
6. Legalization/Apostille: Depending on the requirements of the country where you are getting married, you may need to get your CNI legalized with an apostille by the Foreign, Commonwealth & Development Office (FCDO).

Specific Country Examples: Obtaining a CNI from the USA

The United States does not issue a federal Certificate of No Impediment. However, you can typically obtain a similar document called an Affidavit of Single Status or a Declaration of Freedom to Marry. Here’s how:

1. Identify the Requirement: First, confirm with the country where you plan to marry that an Affidavit of Single Status or Declaration of Freedom to Marry is acceptable in lieu of a CNI.
2. Obtain an Affidavit: You can typically obtain an affidavit from a U.S. notary public. The affidavit will state that you are currently single and free to marry. You will need to present valid identification, such as a passport or driver’s license, to the notary.
3. Prepare the Declaration: Alternatively, you can prepare a declaration yourself, stating that you are single and free to marry. You will need to sign the declaration in the presence of a notary public.
4. Notarization: It is crucial to have your affidavit or declaration notarized by a U.S. notary public. The notary will verify your identity and witness your signature.
5. Apostille (if required): Many foreign countries will require an apostille to authenticate the notarized affidavit or declaration. You can obtain an apostille from the Secretary of State’s office in the state where the document was notarized.
6. Contact the Secretary of State: Contact the Secretary of State’s office in the relevant state to inquire about their specific requirements for obtaining an apostille. You will typically need to submit the notarized document and pay a fee.
7. Submit the Documents: Follow the instructions provided by the Secretary of State’s office to submit the documents and obtain the apostille. The processing time can vary depending on the state.

Specific Country Examples: Obtaining a CNI from Canada

Similar to the United States, Canada does not issue a specific federal Certificate of No Impediment. You will generally need to obtain a sworn affidavit or statutory declaration. The process involves:

1. Confirm Requirements: Contact the authorities in the country where you intend to marry to confirm that a sworn affidavit or statutory declaration is acceptable.
2. Prepare the Affidavit: Draft an affidavit stating that you are single, legally able to marry, and are not currently married to anyone else. Include your full name, date of birth, current address, and a statement of your marital status.
3. Commissioning: Take the affidavit to a Commissioner of Oaths. Commissioners of Oaths are authorized to administer oaths and witness signatures on legal documents. They are often available at courthouses, city halls, and some law offices.
4. Identification: Present valid photo identification, such as a passport or driver’s license, to the Commissioner of Oaths.
5. Swearing the Oath: Swear an oath before the Commissioner of Oaths, affirming that the contents of the affidavit are true. The Commissioner will then sign and stamp the affidavit.
6. Authentication (if required): Some countries might require authentication of the affidavit by Global Affairs Canada. This process confirms the authenticity of the Commissioner of Oaths’ signature and seal.
7. Contact Global Affairs Canada: Visit the Global Affairs Canada website for information on their authentication services.
8. Submit Documents for Authentication: Follow the instructions on the Global Affairs Canada website to submit the affidavit for authentication, including paying any applicable fees.

Common Issues and How to Avoid Them

• Incorrect Information: Double-check all information on the application form and supporting documents for accuracy. Any discrepancies can cause delays or rejection.
• Missing Documents: Ensure that you have gathered all the required documents before submitting your application. A missing document can significantly delay the process.
• Expired Documents: Make sure that all your documents are valid and not expired. For example, passports should be valid for at least six months beyond your planned wedding date.
• Long Processing Times: Start the application process well in advance of your wedding date to allow ample time for processing. Processing times can vary, so it’s best to be prepared for potential delays.
• Language Barriers: If the documents are not in the language of the country where you are getting married, you may need to have them translated by a certified translator.
• Changes in Regulations: Marriage laws and regulations can change, so it’s essential to stay updated on the latest requirements.

Tips for a Smooth Application Process

• Start Early: Begin the application process as soon as possible to avoid last-minute stress.
• Be Organized: Keep all your documents and correspondence organized in a folder or binder.
• Communicate Effectively: Maintain clear and professional communication with the issuing authority.
• Seek Professional Help: If you are unsure about any aspect of the process, consult with a lawyer or immigration consultant who specializes in international marriages.
• Keep Copies: Make copies of all your documents for your records.
• Track Your Application: If possible, track the status of your application online or by phone.

What to Do If You Are Refused a Certificate of No Impediment

If your application for a Certificate of No Impediment is refused, you have the right to appeal the decision. The specific appeal process will vary depending on the issuing authority. Generally, you will need to submit a written appeal outlining the reasons why you believe the decision was incorrect. You may also be required to provide additional evidence to support your appeal. If your appeal is unsuccessful, you may be able to seek judicial review of the decision.

After You Get Your Certificate of No Impediment

Once you have obtained your Certificate of No Impediment, keep it in a safe place and bring it with you when you travel to the country where you will be married. Present the certificate to the local authorities as required. After the wedding, be sure to obtain a marriage certificate and follow the necessary procedures to register the marriage in your home country.

Conclusion

Obtaining a Certificate of No Impediment is a crucial step in planning an international wedding. By understanding the requirements and following the steps outlined in this guide, you can navigate the process smoothly and ensure that your marriage is legally recognized. Remember to research the specific requirements of the country where you plan to marry and start the application process well in advance to avoid any last-minute complications. With careful planning and preparation, you can focus on enjoying your special day without worrying about legal obstacles.

Disclaimer: Laws and procedures can change. This article is for informational purposes only and does not constitute legal advice. Always consult with the relevant authorities and legal professionals to ensure you have the most accurate and up-to-date information for your specific situation.