Declaration of no legal impediment to marriage: what each partner signs before the celebrant, and the rule for a Prospective Marriage visa
The declaration of no legal impediment to marriage is signed by each partner in the celebrant's physical presence before the wedding, stating their conjugal status and their belief that nothing prevents the marriage (Marriage Act 1961 s 42(1)(c)).
An Australian migration lawyer can check how your declaration and marital history affect the visa. The page on subclass 300 legal help explains how that help works.
A Prospective Marriage visa is decided on a matching test: at the decision there must be no impediment to the marriage in Australian law (cl 300.221A of the Migration Regulations 1994).
Each partner also declares that they are 18 or older, or gives their date of birth and confirms that a court order allows the marriage, under reg 71 of the Marriage Regulations 2017. Your celebrant brings the paper: both declarations go on one side of the same sheet, and the official certificate of marriage is printed on the back, under ss 42(7) and 50(3) of the Marriage Act 1961.
If either of you was married before, the celebrant must first see evidence of the divorce or the former spouse’s death; a pending divorce must have taken effect before the wedding, under Marriage Act 1961 s 42(10) and the Attorney-General’s Department’s Notice of Intended Marriage form. For an overseas wedding, local authorities may instead ask for DFAT’s Certificate of No Impediment, which costs AUD 181 under Smartraveller’s fee schedule from 1 January 2026.
At a glance — checked as at 3 October 2026
| Label | Value |
|---|---|
| Who signs | Each partner — checked 3 October 2026 |
| In whose presence | The celebrant who will marry you, physically present; no video — checked 3 October 2026 |
| When | Before the ceremony; the Marriage Act 1961 does not fix the exact moment — checked 3 October 2026 |
| What it states | Conjugal status; belief there is no legal impediment; age 18 or over, or date of birth and a court order — checked 3 October 2026 |
| Paper | Same sheet as the official certificate of marriage, under Marriage Act 1961 s 50(3) — checked 3 October 2026 |
| Law checked | Marriage Act 1961, Compilation No. 34; Marriage Regulations 2017, Compilation No. 3 — as at 3 October 2026 |
Anatomy of the declaration
The outline below labels the two sides of one sheet; it does not reproduce the form.
| Front: both partners’ declarations | Reverse: official certificate of marriage |
|---|---|
| Who signs: each partner makes and signs their own declaration (Marriage Act 1961 s 42(1)(c)). | The paper: the official certificate is printed on the reverse of the declarations sheet (Marriage Act 1961 s 50(3)). |
| When: before the marriage is solemnised; no fixed moment is specified (Marriage Act 1961 s 42(1)). | Afterwards: the celebrant sends this official certificate, carrying the declarations on its back, to the registry within 14 days (Marriage Act 1961 s 50(4)). |
| In whose presence: the authorised celebrant who will solemnise the marriage, physically present (Marriage Act 1961 s 42(1)(c)). | |
| What it states: conjugal status; belief there is no legal impediment; age 18 or older, or date of birth and a s 12 court order (Marriage Act 1961 s 42(1)(c); Marriage Regulations 2017 reg 71). | |
| The paper: both declarations are on one side of the same sheet (Marriage Act 1961 s 42(7)). |
Image description and alternative text: “A blank sheet shown front and back: the declarations on one side and the official marriage certificate on the reverse.”
What the law does on a false declaration: the celebrant must not marry you if they have reason to believe the declaration contains a false statement or an error, under Marriage Act 1961 s 42(8)(b). Section 104 concerns a false notice, not this declaration; item 7 of the Attorney-General’s Department’s Notice of Intended Marriage form also asks for conjugal status. The distinction is explained below.
Two different documents
| Declaration of no legal impediment to marriage | Certificate of No Impediment to Marriage (CNI) |
|---|---|
| For an Australian wedding: each partner makes it before the celebrant under Marriage Act 1961 s 42(1)(c). | For an overseas wedding where authorities require it: DFAT issues it, according to Smartraveller’s CNI page, updated 1 October 2026. |
| No separate application: it is part of the celebrant’s marriage paperwork. | AUD 181 under Smartraveller’s notarial-services fee schedule from 1 January 2026. |
What is the declaration of no legal impediment to marriage?
The declaration of no legal impediment to marriage is the written statement each partner makes and signs in the authorised celebrant’s physical presence before the wedding. It gives their conjugal status, their belief that there is no legal impediment to the marriage, and confirmation that they are 18 or older or have a court order, under Marriage Act 1961 s 42(1)(c) and Marriage Regulations 2017 reg 71. Without it, the celebrant cannot solemnise the marriage under s 42(1).
A “legal impediment” is a reason Australian law would make the marriage void, such as an existing marriage, a prohibited relationship, a partner below marriageable age or consent that is not real, under Marriage Act 1961 s 23B(1).
The Attorney-General’s Department’s Notice of Intended Marriage form, version 1 September 2021, calls this document the “Declaration of No Legal Impediment to Marriage”.
Who signs it, and when
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Who: each partner makes and signs their own declaration. Both declarations must be written on one side of the same paper, under Marriage Act 1961 ss 42(1)(c) and 42(7).
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When: before the marriage is solemnised. Marriage Act 1961 s 42(1) does not fix the exact moment, so signing need not happen on the wedding day.
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In whose presence: the authorised celebrant who will marry you, physically present. Marriage Act 1961 s 42(1)(c) specifies “that authorised celebrant”; it does not provide for another witness or video witnessing of the declaration.
Can it be signed online?
No. Marriage Act 1961 s 42(1)(c) requires the celebrant’s physical presence when you make and sign the declaration. This differs from the notice of intended marriage: the Attorney-General’s Department’s Notice of Intended Marriage page explains that video witnessing has been permitted since 12 June 2024, subject to the witness requirements in s 42(2).
That is a stricter rule than for the notice, where the list of who can witness a NOIM in Australia, or overseas, is longer.
What the declaration states
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Conjugal status: your legal marriage history and current marriage status. Item 7 of the Attorney-General’s Department’s Notice of Intended Marriage form asks whether you have been legally married before and says not to include other relationships.
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Your belief that there is no legal impediment to the marriage: this is expressly required by Marriage Act 1961 s 42(1)(c)(ii).
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The prescribed matter: under Marriage Regulations 2017 reg 71, you declare that you are 18 or older. If you are younger, you give your date of birth and declare that a court order under Marriage Act 1961 s 12 has been made.
If you declare that you are divorced or widowed, Marriage Act 1961 s 42(10) prevents the celebrant from marrying you without evidence of the divorce or death. The Attorney-General’s Department’s Notice of Intended Marriage form also says that a “divorce pending” must take effect before the wedding.
Where the form comes from
The declaration uses the form the Minister approves for Marriage Act 1961 s 42(1)(c), under s 119(3)(d). It is not a scheduled form in the Marriage Regulations 2017: the only scheduled form there is Form 15, the certificate prepared for the couple.
Your celebrant supplies and prepares the paper. That follows from Marriage Act 1961 s 50(1)(b), which requires the celebrant to prepare the official certificates, and s 50(3), which requires one official certificate to be printed on the reverse of the sheet bearing your declarations.
The same Commonwealth-approved declaration form is used across Australia, including NSW, Victoria and Queensland, under Marriage Act 1961 s 119(3)(d). There is no separate state-specific declaration to obtain.
The no-impediment rule on a Prospective Marriage visa
A Prospective Marriage visa is granted only if, at the decision, there is no impediment to the marriage in Australian law, such as an existing marriage, a prohibited relationship or age, under Migration Regulations 1994 cl 300.221A.
The applicant must intend to marry an Australian citizen, permanent resident or eligible New Zealand citizen under cl 300.211 of the Migration Regulations 1994. The applicant must have turned 18 at application under cl 300.212A, and the sponsor must be 18 or older under cl 300.213. Home Affairs’ Prospective Marriage visa (subclass 300) page, updated 10 August 2026, asks for divorce documents, death certificates, separation documents or statutory declarations about former relationships with the application.
In practical terms, freedom to marry is checked twice: by Home Affairs at the visa decision under cl 300.221A, and through each partner’s declaration before the wedding under Marriage Act 1961 s 42(1)(c). These are separate checks; the visa decision does not replace the declaration.
Where each check falls on the 300 visa wedding timeline, from decision to ceremony, is set out in the wedding guide.
Declaration of no legal impediment vs certificate of no impediment (CNI)
| Label | Declaration of no legal impediment to marriage | Certificate of No Impediment to Marriage (CNI) |
|---|---|---|
| Used for | A wedding in Australia, under Marriage Act 1961 s 42(1)(c) | An overseas wedding where local authorities ask for proof you are not already married, according to Smartraveller’s CNI page |
| Made or issued by | Each partner, before the authorised celebrant, under Marriage Act 1961 s 42(1)(c) | DFAT, according to Smartraveller’s CNI page, updated 1 October 2026 |
| Who can use it | Each partner marrying in Australia must make the declaration under Marriage Act 1961 s 42(1)(c) | At least one partner must be an Australian citizen or permanent resident, according to Smartraveller’s CNI page |
| Where | In the celebrant’s physical presence, under Marriage Act 1961 s 42(1)(c) | Australian Passport Offices, Australian embassies, high commissions and consulates, or by mail, according to Smartraveller’s CNI page |
| Fee | Part of the celebrant’s paperwork; no separate application | AUD 181 under Smartraveller’s fee schedule from 1 January 2026 |
| Alternatives | No substitute is provided for the required declaration under Marriage Act 1961 s 42(1)(c) | Some overseas authorities accept a Single Status Certificate or No Record Result Certificate from a state or territory registry, according to Smartraveller’s CNI page |
Smartraveller’s Certificate of No Impediment to Marriage page, updated 1 October 2026, also notes that some overseas authorities accept only a CNI issued in their country. The AUD 181 charge comes from its notarial-services fee schedule, effective from 1 January 2026.
How to get a certificate of no impediment to marriage Australia issues through DFAT, and when an overseas wedding is recognised, is covered in the overseas marriage guide.
A false declaration: what the law does
A celebrant must not marry you if they have reason to believe a declaration contains a false statement or an error, under Marriage Act 1961 s 42(8)(b).
A person who solemnises a marriage while having reason to believe there is a legal impediment, or that the marriage would be void, commits an offence under Marriage Act 1961 s 100.
The false-statement offence in Marriage Act 1961 s 104 applies to the notice of intended marriage. Giving or signing a notice you know contains a false statement, an error or a defect carries up to 6 months’ imprisonment or 5 penalty units.
Your conjugal status is asked on the notice as well, in item 7 of the Attorney-General’s Department’s Notice of Intended Marriage form.
A married person who goes through another marriage ceremony commits bigamy under Marriage Act 1961 s 94, with a maximum penalty of 5 years’ imprisonment, subject to that section’s exceptions.
A false declaration does not by itself make a marriage invalid under Marriage Act 1961 s 48(2)(b). But the marriage is void if a real impediment existed, such as an existing marriage, under s 23B(1).
Prospective Marriage visa couples with an earlier marriage: why the divorce date can push the wedding past the visa end date, and why an Australian migration lawyer checks first
The celebrant must see evidence that an earlier marriage has ended, and a pending divorce must have taken effect before the wedding, under Marriage Act 1961 s 42(10) and the Attorney-General’s Department’s Notice of Intended Marriage form. At the subclass 300 decision, there must already be no impediment to the intended marriage under Migration Regulations 1994 cl 300.221A; an existing marriage is an impediment.
As at 3 October 2026, Migration Regulations 1994 cl 300.511 fixes the visa period at grant: 9 to 15 months, or 9 months if no end date is specified. Condition 8519 requires the holder to marry within that period. Part 300 provides no extension mechanism, and Home Affairs’ Visa about to expire page, updated 24 September 2026, says staying longer requires a new visa.
A divorce date that pushes the visa decision and wedding arrangements later does not create extra time after grant. If wedding arrangements then slip, the fixed visa period can leave too little time for the ceremony.
If the end date passes first, the position with a prospective marriage visa expired before the wedding depends on the case. Home Affairs does not publish a general answer for that situation, and the guide explains the known legal limits without predicting an outcome.
For a couple with an earlier marriage, the date that counts is when the divorce takes effect, not merely when papers are lodged or an order is made. It must have taken effect by the subclass 300 decision to satisfy Migration Regulations 1994 cl 300.221A, and before the wedding under Marriage Act 1961 s 42(10) and the Notice of Intended Marriage form. The visa clock starts at grant and cannot be extended; time lost afterwards cannot be added back. Home Affairs’ Prospective Marriage visa page, updated 10 August 2026, asks for former-relationship documents with the application.
An Australian migration lawyer can check the earlier marriage’s documents, the effective divorce date and the proposed visa and wedding dates before the subclass 300 application is lodged and before the wedding date is set. That review identifies date or document issues before lodgement or booking; it does not predict a visa outcome. Migration Act 1958 s 280(3) permits an Australian legal practitioner to give immigration assistance in connection with legal practice. The check described here concerns immigration eligibility and timing, not divorce advice.
If you need the documents and dates checked
Have evidence that each earlier marriage has legally ended, the proposed wedding date and the visa dates ready for an Australian migration lawyer. The shared enquiry page can send a private question to Australian Migration Lawyers. If a deadline is close, contact an Australian migration lawyer directly; viewing this page does not lodge an application or pause a deadline.
This page has no separate active form. The shared enquiry page can send a private question to Australian Migration Lawyers; contact an Australian migration lawyer directly while considering the deadline.
Frequently asked questions
What does “no legal impediment to marriage” mean?
It means that nothing in Australian law prevents the marriage: neither of you is already married to someone else, you are not within a prohibited relationship, you are both of marriageable age and you both really consent, under Marriage Act 1961 s 23B(1).
Is the declaration the same as the Notice of Intended Marriage?
No. Under Marriage Act 1961 ss 42(1)(a) and 42(2), the notice is ordinarily given to the celebrant 1 to 18 months before the wedding and has several permitted witness categories, with video witnessing allowed subject to the applicable requirements. The declaration is made before the celebrant in person, before the ceremony, under s 42(1)(c).
Is the declaration different in NSW, Victoria or Queensland?
No. It is made under the Commonwealth Marriage Act 1961 on the approved form under s 119(3)(d), wherever in Australia you marry.
What happens to the declaration after the wedding?
It travels with the official certificate printed on its reverse. Under Marriage Act 1961 ss 50(3)–(4), the celebrant sends that certificate to the relevant state or territory registry within 14 days.
Ask an Australian migration lawyer
An Australian migration lawyer can check how your declaration and marital history affect the visa. The page on subclass 300 legal help explains how that help works, and the enquiry page is where to put your question to Australian Migration Lawyers.