Josh Withers · Marriage Laws · 4 min read
Do you need a Certificate of No Impediment to get married in Australia?
Some countries require paperwork to prove that you're not already married
As a marriage celebrant, I often receive questions from couples about the legal requirements for marriage in Australia, especially from international couples. Recently, a bride asked me, “Does my German fiancé need a Certificate of No Impediment (CNI) to get married here?”
This question highlights the importance of understanding the intersection between Australian marriage laws and the documentation required by other countries.
What is legally required in one country isn’t often required in another
What Is a Certificate of No Impediment (CNI)?
A CNI is a document issued by a person’s home country confirming that there are no legal barriers to them marrying.
This document is often requested in cases of international marriages to ensure that the individual is not already married or otherwise restricted from entering into a new marriage.
When Is a CNI Needed in Australia?
In Australia, the Marriage Act 1961 does not require a CNI for the solemnisation of marriages.
However, some foreign nationals may need one for their own country’s legal processes, especially if they plan to register their Australian marriage in their home country later.
That said signatories to the Hague Convention all recognise marriages solemnised in the other countries as long as that marriage would have been legal if it had happened in that country.
Which is a lot of words to say that if you are married in Australia, Germany acknowledges your marriage and it’s not totally neccesary to register it there.
To avoid surprises, it’s always a good idea for international couples to check with their home country’s consulate in Australia.
What Documents Are Required to Marry in Australia?
For any couple getting married in Australia, including international couples, the following steps and documents are essential:
Notice of Intended Marriage (NOIM): This form must be submitted to your celebrant at least one month before the wedding date. For international parties, the NOIM must be witnessed by an appropriate official, such as a notary public, if signed overseas.
Proof of place and date of birth: Both parties need to provide evidence of their date and place of birth, typically through a birth certificate or passport.
Proof of ID: Both parties need to provide evidence of their identity. Drivers licenses or passports will suffice.
Evidence of Previous Marriages Ending: If previously married, proof of divorce or a death certificate for a former spouse is required.
Declaration of No Legal Impediment to Marriage: This is signed closer to the wedding date and confirms that the parties meet the legal requirements to marry.
The Role of the Celebrant
As a celebrant, it’s part of my duty to ensure all legal requirements under the Marriage Act 1961 are met while guiding couples through the process with empathy and clarity. While Australian law does not mandate a CNI, I encourage couples to liaise with their embassies or consulates for guidance on their home country’s expectations.
Practical Tips for International Couples
- Start your preparations early to allow time for gathering documents, especially those requiring authentication or translation.
- Confirm with me or your celebrant which documents they require.
- Check if your marriage needs to be registered with your home country and, if so, what documents (like a CNI or official Australian marriage certificate) are necessary for the process. Your home country government is the best source of this information.
Getting married in Australia offers couples the freedom to plan a unique and personal ceremony without excessive bureaucratic hurdles.
I’ve always been proud of Australia’s marriage legislation. Since 1961 its been some of the most progressive marriage laws in the world.
By understanding both Australian requirements and their own country’s processes, international couples can ensure a smooth and joyous start to their married life. If you have questions about your specific circumstances, feel free to contact me. Let’s make your day unforgettable!
