A Certificate of No Impediment to Marriage (CNI) is an official document issued by the Australian government that confirms there are no legal obstacles preventing an Australian citizen from marrying overseas. Many countries require this certificate before allowing a foreign national to marry within their jurisdiction, as it serves to verify that the individual is not already married or otherwise legally restricted from entering into a marriage. This guide explains the process of obtaining a CNI, including eligibility, the steps to apply, and required documentation.
What is a Certificate of No Impediment to Marriage?
A Certificate of No Impediment to Marriage confirms that:
- The person applying for the certificate is free to marry (i.e., not already married).
- There are no legal reasons, such as family relation or age, that would prevent the marriage from being recognized.
This document is commonly required for Australian citizens planning to marry abroad. Countries such as France, Italy, Thailand, and many others request this certificate as part of the legal process before approving a foreign marriage.
Who Needs a Certificate of No Impediment to Marriage?
You may need a CNI if you are:
- An Australian citizen or permanent resident planning to marry overseas.
- A foreign national who previously married in Australia and needs proof of your current marital status for a subsequent overseas marriage.
The requirement for a CNI varies by country, so it is essential to check with the local authorities of the country where you plan to marry to determine if a CNI is required.
Eligibility to Apply for a CNI
To be eligible for a Certificate of No Impediment to Marriage, you must meet the following criteria:
- You are an Australian citizen or permanent resident.
- You are 18 years of age or older (as persons under 18 cannot marry in most circumstances under Australian law).
- You are not currently married, either in Australia or abroad.
- You are not closely related to your intended spouse.
If you meet these criteria, you can proceed with the application process.
How to Apply for a Certificate of No Impediment to Marriage
The Australian Department of Foreign Affairs and Trade (DFAT) is responsible for issuing Certificates of No Impediment to Marriage. There are two ways to apply for a CNI: through a DFAT office in Australia or at an Australian embassy or consulate overseas. Below are the steps for each method:
1. Applying in Australia
You can apply for a CNI at your nearest DFAT office. Here’s how:
- Download and complete the application form: Visit the Australian Passport Office website or DFAT’s website and download the application form for a Certificate of No Impediment to Marriage.
- Provide required details: Fill out the form with accurate information, including your full name, date of birth, citizenship status, and details of your intended spouse.
- Submit your identity documents: You will need to provide proof of identity, such as your passport, driver’s license, or birth certificate, as well as evidence of your marital status (e.g., a divorce certificate if you were previously married).
- Pay the application fee: The fee for a CNI application must be paid when submitting your application. The fee amount can vary, so it’s important to check the current rates on DFAT’s website.
- Submit the form: You can lodge your application in person or by mail to a DFAT office.
2. Applying Overseas
If you are already overseas, you can apply for a CNI at the nearest Australian embassy, high commission, or consulate. The process is similar to applying within Australia:
- Complete the application form and submit it to the embassy or consulate, along with the required identity documents.
- Pay the local fee: Application fees may vary by country, so check with the local Australian embassy or consulate.
- Wait for processing: Processing times vary depending on the location, so it is advisable to apply well in advance of your planned wedding date.
Documents Required for a CNI
When applying for a Certificate of No Impediment to Marriage, you will need to provide:
- A completed application form.
- Your Australian passport or other proof of citizenship.
- Proof of your marital status (e.g., divorce decree absolute if you were previously married, or death certificate if your former spouse passed away).
- Proof of your age, typically a birth certificate or passport.
Processing Time and Fees
Processing times for a CNI can vary depending on the method of application and the country where you are applying. Typically, it takes between 10 to 15 working days. Application fees also vary depending on whether you apply in Australia or overseas, and additional fees may apply for expedited services.