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Services for Australians
[ Notarial Services: Certificates of No Impediment to Marriage ]
This page should be read in conjunction with the page on our website headed Notarial Services.
The laws of some countries require that, before a foreigner may marry within their jurisdiction, he or she must produce a certificate issued by the authorities of the country to which he or she belongs, stating that those authorities do not know of any impediment to the marriage. Such a certificate is known as a Certificate of No Impediment or a Nulla Osta Certificate.
A Certificate of No Impediment is a general statement of the law in Australia concerning the recognition of foreign marriages. The Certificate makes no warranty as to the capacity of a particular couple to marry. However, a Certificate will not be issued if the marriage appears to be one that will not be recognised in Australia. For example if either person is under 18 years of age or if either person is already married, if the parties are closely related or if their consent is not free or if they are both of the same sex.
There is no specific legislation in Australia authorising the issue of a Certificate of No Impediment by Consular Officers. Certificates are issued administratively to:
(a) Australians, and
(b) citizens of other countries who are domiciled in Australia.
It is your responsibility to ascertain whether the authorities in the country concerned require a Certificate to be issued by the Australian Consulate-General or whether a certificate issued in Australia is acceptable. We are not aware of any requirement by the Hong Kong Government for the need for a Certificate of No Impediment to enable an Australian Citizen to marry in Hong Kong.
When submitting an application, please provide documentary evidence of your date of birth, nationality, Australian residency and, if either party is divorced or widowed, the relevant decree absolute or death certificate. Application forms and information are available by clicking the link below:
http://www.smartraveller.gov.au/marriage_os.html
Please note that if there is any doubt that your intended marriage will be recognised by Australian authorities, you should consult a lawyer as Consular Officers are unable to determine that on your behalf.