Certificate of Freedom to Marry
It is a legal document stating that the bearer is free to marry. Many western and Asian countries request the foreigners to submit it at least a month before their marriage with the citizen of that country. This request is the concern of the Department of Foreign Affairs and Trade that issues this certificate as a Civil Letter of Freedom or Freedom to Marry Certificate or Certificate de Coutume or Nulla Osta.
There are some countries like the USA and India where it is issued as an affidavit, for which you can raise a request with the embassy. However, Philippines has set up the PSA to issue it.
Applying for a Certificate of Freedom to Marry
As digital practices are everywhere popular, people may apply for it over the internet. But first, finding where it happens is necessary. Generally, Embassy is where such requests are raised with because it communicates with the immigrants about their requirements, complains and management.
On the flip side, the immigrant may visit his own country to raise a request with the local authority. For instance, NRIs may visit India, apply for the Affidavit of Freedom to Marry with SDM and then, get it attested from the State Home Department. Later, the Ministry of External Affairs and embassy counter attest or apostille it. Likewise, the USA has County or City offices to issue this affidavit.
There is another extremely easy way, which is to visit the official website of the local authority or embassy and place a request for it there.
Why do you need this letter?
Your matrimony needs to be recognised as per judiciary. Every country has different traditions to solemnize marriage.
Ultimately, everyone needs to get it recognised. It comes under the civil law that requires the marriage registration as per judiciary. This letter or certificate or affidavit is one of the legal formalities that have to be followed to get rid of any penalty or detention.
The marriages outside the jurisdiction are not recognised anywhere. For instance, the Marriages Act 2015 of Ireland clearly states that the civil partnerships or civil unions from outside the jurisdiction will no longer be recognised in Ireland.
What documents do you need for it?
Generally, you should have all these documents in original with your photographs. Find the local authority that issues this affidavit and then, get it verified through these documents.
- ID proof
- Address proof
- Passport/Visa
- Birth Proof
- Parents or witness identity proof
- Decree absolute, if divorced
- Death certificate, if widowed
How to get it legalised?
This is important because your document won’t be accepted unless it has been attested or apostilled. It is called the process of legalization.
The most important point in this regard is that you would get it verified from state and central level government offices. It may involve the attestation of the State Human Resource Department, Central Ministry of External Affairs, Embassy and the Foreign Embassy also.
There are two ways of legalizing it.
- Attestation
Attestation is normally required for all types of immigration documents. It is simply to determine that all of your documents are genuine and you are visiting abroad with a specific goal or assignment. Notarisation and Home Department/SDM are the most commonly and necessary legalization.
- Apostille
Apostille is just another form of document legalization with a small difference from attestation. It is for those who are going off to any of the member nations of the Hague Convention, 1961. For these member nations, apostille is required on the letter of freedom to marry.
It is applicable for legalizing personal documents like birth/death/marriage certificates, Affidavits, Power of Attorney, etc. and educational documents like degree, diploma, matriculation and secondary level certificates etc.. You don’ t need any other attestation of these documents. It symbolizes the legalization of documents that are required in accordance with the international obligation under the Convention.
Lastly, you need to get it verified from the embassy. It is a legitimate method of verifying the originality & validity of a person who is going to be married with a foreigner.
Summary
A letter of freedom to marry is also called the freedom to marry certificate. It is legally accepted worldwide for legalizing marriage with the foreigner. Many countries require it before marriage to determine the status of the person as if he is single or not. It needs to be attested and apostilled.
