Certificate of No Impediment: Proof You Are Free to Marry

A signed statement on a clipboard beside a pair of wedding rings, no text visible
US Records Team shieldWritten by US Records TeamLast reviewed

A certificate of no impediment is a statement that nothing in the law prevents a person from marrying, such as an existing marriage. Some foreign countries ask for one before they will marry a foreign national. The United States does not issue this document.

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What the State Department says

The State Department's Foreign Affairs Manual states that no such document, "or governmental authority to issue such document, exists in the United States." Civil law countries in particular often want certification that no legal impediment exists. Where that applies, a notarized statement from the U.S. citizen affirming that they are free to marry is often accepted instead.

The affidavit

The State Department's public marriage page calls the usual substitute an affidavit of eligibility to marry. It says the U.S. government cannot attest to your marital status, but you may be able to provide a written statement that you can marry. If the statement must be notarized abroad, you can make an appointment at a U.S. embassy or consulate.

The manual says the affidavit covers details such as birth information, residence and marital history (never married, divorced or widowed). Consular officers cannot certify a U.S. resident's eligibility to marry or give authoritative opinions on local law.

Supporting records

Foreign authorities often want records that show prior marriages ended, such as a divorce decree or death certificate. These come from the vital records or court office in the place where the event occurred. Because requirements differ by country, ask the foreign marriage office what it needs.

Frequently asked questions

Can a U.S. embassy give me a certificate of no impediment?

No. The manual says consular officers cannot issue official certificates on marriage law or certify eligibility to marry.

What replaces it?

Often a notarized affidavit or statement. The foreign authority decides what it accepts.

Do I need proof of a past divorce?

Frequently, if you were married before. The State Department lists divorce or death certificates as common requirements.

Sources

US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.

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US Records Team

The US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.

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