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Certificate of Freedom to Marry
Steps to Get Certificate of Freedom to Marry from India

Steps to Get Certificate of Freedom to Marry from India

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Are you required to submit the certificate of freedom to marry from India?

Before knowing where you get it from, let’s go through its definition.

What is a Certificate of Freedom to Marry?

Many-a-times called Single Status Certificate/ Certificate of No Impediment/ Certificate de Coutume/ Certificate of Nulla Osta/ Bachelorhood Certificate, the certificate of freedom to marry is a legal declaration stating the bachelorhood of its bearer.

Simply put, it is a valid declaration of NRIs from the country of origin about your freedom to marry.

What should you know to get this certificate from India?

Almost all European countries and a few Asian countries mandate that the marriage applicants should provide a valid proof of their bachelorhood before marriage. However, the diversity of religion doesn’t allow India to come with such kind of provision in the country. This is why there is no formal setup of a competent authority that can issue it.

  • Who does issue this certificate in India?

But, the foreign countries mandate to provide it before solemnizing marriage. Then only, the couple can exchange woos. While keeping this requirement into account, this authority is assigned to the court magistrate. It is segmented as a civil service. Therefore, the court can issue it.

Drill into head that the Municipal Corporation is not the right authority to administer this request.

  • Single Status Affidavits:

A single status affidavit defines a sworn document wherein an affiant (the applicant/would-be spouse) declares in writing that he/she belongs to a specific location. Also, the citizenship of a particular country should also be defined there. In simple words, you being an affiant should put your identity, location, parents and citizenship on the affidavit. These details should follow your status as a bachelor/ married/ divorced/ widowed.

  • Notarize

Sometimes called the ‘Notarial Act’, the process of notarization is a practice of certifying, attesting and authenticating any instrument. This instrument can be any banking transaction or a court document. The certificate of freedom to marry is a court document. So, it may require translation and verification from one language to another. Let’s say, an NRI is going to solemnize marriage with a French citizen. In this case, this certificate should be translated into French as per its immigration norms.

The notarizing or attesting of unmarried certificate is done to prevent fraud and assure spouses that the document is voluntarily signed. He/she has willingly written. Eventually, the notary public, a competent authority, verifies it while putting his stamp.

  • Supporting Documents: An NRI should have these documents to support your application for this affidavit:
  1. ID proof
  2. Address proof
  3. Passport/Visa
  4. Birth Proof
  5. Parents or witness identity proof
  6. Decree absolute, if divorced
  7. Death certificate, if widowed

Steps to get this certificate from India:

  1. Visit the court or send your Power of Attorney (PoA) on your behalf.
  2. Purchase a stamp paper to write the oath.
  3. Get it typed by the notary public and then, get the affidavit attested.
  4. The notary public will check its authenticity and you need to sign on it before him.
  5. Visit the magistrate to get this certificate attested.
  6. Show all supporting documents that you come along with to verify.
  7. Afterwards, you have to visit the Ministry of External Affairs (MEA) for attestation from HRD.
  8. Pay requisite fee.
  9. You have to verify it with the Indian Embassy.
  10. Lastly, the embassy of the resident country will need it to authenticate your status.

These steps will help you get the certificate sans any hassle. If you have a digilocker, you can send a request to your relative or PoA to upload this no marriage certificate from India in your account. Subsequently, you can download its soft copy from that digital locker.

Single Status Affidavit
Correct Way of Filing Single Status Affidavit in India to Wed

Correct Way of Filing Single Status Affidavit in India to Wed

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Are you confused over how to file for the single status affidavit in India?

Alas, solemnizing marriage in the foreign country would be as simple as falling in love! It can be your story as well.  The foreign land is not as liberal as India. You need to present a document in support of your single status. It’s licit as per the foreign law.

How would you get it?

What documents do you need to support your bachelorhood application?

Do you need to fill any application form? Or, do you need to have an affidavit?

These questions would be drilling into your head. It’s obvious.

Let I put off your curiosity through these tips. I would briefly mention the name of the documents required and its application procedure. The most important aspect is filing the single status affidavit in the court.

How can you get it?    

Your dilemma is valid as India has no competent authority for addressing this problem. Hundreds of emigrants with an Indian passport stay in the USA, UK, Malaysia and other nations. While giving their career a long flight, they take a route to abroad.  In the interim, many of them settle with the foreigner as a life-partner.

Only the court can let you sail through this problem. What all you need to do is:

  • Visit the court.
  • Meet the oath commissioner or the notary magistrate. Both hold the authority to put a stamp of approval on the affidavit of single status. This certificate can be known as No Record of Marriage, Certificate of Freedom to Marry, Certificate of No Impediment for Marriage, Certificate of No Record – Marriage, Affidavit of Marriageability and
    Certificate of No Public Record.
  • Fill the affidavit form.
  • Get it attested from the magistrate.
  • Get it apostilled from the MEA (Ministry of External Affairs).
  • Later, let it be attested by the embassy of the foreign country.

Which documents do you require to support your CENOMAR application?

  • ID proof (Aadhaar Card/ Voter Id/Driving Licence)
  • Address proof (Utility Bill/ Bank Passbook)
  • Birth proof (Birth certificate/Non-Availability of Birth Certificate/10th class Mark Sheet )
  • Parent’s affidavit
  • Decree Absolute (if you’re a divorcee)
  • Death certificate of the deceased spouse (if your spouse is no more)

What is the correct way of filing the single status affidavit in India?

The foreign law varies as per the country. Let’s say, the USCIS authority of the USA asks for the parental affidavit along your same document.  In that case, you need to apply for two affidavits. One would represent you while the other one would echo the consent of your parents.

You must keep the bird’s eye on these points that they are written subtly. These points are commonly introduced in the sworn documents of yours and your parent’s:

  1. Name of the Affiant (fill the name of the would-be spouse and the parents’ name in two different affidavit forms).
  2. Residential address and country (of the would-be spouse and the parents separately)
  3. Birth date (of the affiant and the parents)
  4. Country name (of the affiant and the parents in the separate affidavit)
  5. Passport number (of the affiant and the parents in the separate affidavit)
  6. Marital status (of the affiant)
  7. Name of the would-be spouse
  8. Country of the would-be spouse
  9. Signature (of the affiant and the parents at the bottom)
  10. Date (when it is filed)
  11. Statement (of no marriage by the affiant and the parents)
  12. Date of divorce (of the affiant if he/she is the divorcee)

If you don’t want to file for it in the court, you can still withdraw it. You need to do it on the non-judicial stamp paper. Get it notarized by a local notary.

With all these tips, you can get your certificate of no impediment or CENOMAR or bachelorhood certificate without any hitch.

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