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Single Status Affidavit Apostille in California: Marriage Abroad Guide

Apr 27
9 min read

Updated: Aug 28

If you are planning to get married abroad, the foreign civil authority, consulate, or other receiving authority may ask you to provide documentation showing that you are legally free to marry.


One document that may be requested is a Single Status Affidavit, also called an Affidavit of Single Status or Affidavit of Marriageability. When a self-prepared affidavit will be used internationally, it may need to be properly notarized and then apostilled or authenticated before it is presented abroad.


However, a Single Status Affidavit is not the only type of document that may be requested. Some authorities require a government-issued marriage-record search, a Certificate of No Impediment, divorce documentation, or another form of proof of marital status.

Before preparing or notarizing anything, confirm the exact document required by the authority where your marriage will be registered.


For documents originating in California, I can assist with notarization when required, document review for California apostille processing, apostille coordination, certified record retrieval when available, translation coordination, and authentication or legalization for destinations where an apostille is not the correct process.


What Is a Single Status Affidavit?

A Single Status Affidavit is a sworn statement in which a person declares information about their current marital status, typically for the purpose of getting married in another country.

Similar terminology may include:

  • Affidavit of Single Status

  • Affidavit of Marriageability

  • Affidavit of Civil Status

  • Declaration of Single Status

  • Declaration of Freedom to Marry

These terms can vary by country and receiving authority.

A government-issued No Record of Marriage or marriage-record search is different from a self-prepared Single Status Affidavit. Likewise, a foreign authority's Certificate of No Impediment may have requirements that are different from a California affidavit.

The receiving authority should tell you which document it requires.

Single Status Affidavit sample
Single Status Affidavit sample

Does a Single Status Affidavit Need to Be Notarized in California?

A self-prepared Single Status Affidavit that will receive a California apostille typically requires notarization so there is a qualifying California notary public's signature for the California Secretary of State to authenticate.

The signer personally appears before the notary and completes the notarial act required for the document.


A California notary public cannot choose the notarial act for the signer. If your affidavit or foreign authority does not specify whether an acknowledgment or jurat is required, you should obtain that instruction from the receiving authority, document preparer, or an attorney.


A government-issued certified record is handled differently. Certified government records are not notarized simply to obtain an apostille. They contain the signature or certification of an authorized public official, and apostille eligibility depends on whether that official's signature can be authenticated through the applicable process.


How Do I Get an Apostille for a Single Status Affidavit in California?

For a self-prepared California Single Status Affidavit, the process commonly involves:

  1. Confirm the document requirements with the receiving authority.

  2. Prepare the affidavit using the wording or format required by that authority.

  3. Determine which notarial act is required.

  4. Sign the document as required for the notarization.

  5. Have the appropriate notarization completed by a California notary public.

  6. Submit the properly notarized document for California Secretary of State apostille processing.

  7. Complete translation or other destination-specific requirements when applicable.

The order matters. A document that is notarized incorrectly may not be eligible for a California apostille, while a perfectly apostilled document can still be unacceptable overseas if it is not the document the foreign authority requested.


Single Status Affidavit vs. No Record of Marriage

These documents should not be treated as interchangeable.


Self-Prepared Single Status Affidavit

A Single Status Affidavit is a statement made by the individual about their marital status.

For California apostille processing, a self-prepared affidavit will commonly involve:

  • A statement concerning the signer's marital status

  • The signer's personal appearance before a California notary public

  • The appropriate California notarization

  • California Secretary of State apostille processing

The wording and contents of the affidavit should come from the receiving authority, document preparer, attorney, or other appropriate source—not from the California notary public.


Government-Issued Marriage Record Search

Depending on the agency and records available, a government office may be able to issue a record or search result concerning marriage records.

This is a government record, not a sworn affidavit prepared by the individual.

The foreign receiving authority determines whether this type of record is acceptable as evidence of marital status.


Certificate of No Impediment

A Certificate of No Impediment is another term encountered in international marriage procedures, but you should not assume that a California Single Status Affidavit is automatically equivalent to a Certificate of No Impediment required by another country.

Ask the receiving authority exactly what document it requires and who must issue or sign it.


Can I Prepare My Own Single Status Affidavit?

You may be able to prepare your own Single Status Affidavit if the receiving authority accepts a self-prepared affidavit. However, you should first obtain the required wording, format, and execution instructions from the authority requesting the document.


A California notary public can perform an authorized notarial act but cannot:

  • Draft a legal affidavit for you

  • Decide what statements the affidavit should contain

  • Determine which document a foreign government requires

  • Choose the notarial act on your behalf

  • Advise whether a document will satisfy a foreign country's legal requirements

If you have been given a template or specific instructions by the foreign authority, bring those instructions to your notarization appointment.


Which Authority Issues the Apostille?

For an eligible document notarized by a California notary public, the apostille is issued by the California Secretary of State.

The apostille does not certify that the statements in your Single Status Affidavit are true. Instead, it authenticates the signature and official capacity of the qualifying public official associated with the document—in this situation, the California notary public.

This distinction is important.


An apostille does not:

  • Approve the contents of your affidavit

  • Verify your marital status

  • Determine whether you are legally eligible to marry

  • Guarantee that the foreign marriage authority will accept the document

The receiving authority makes those determinations.


Single Status Affidavit for Marriage Abroad

International marriage requirements can vary considerably.

Depending on the country and the authority registering the marriage, you may be asked for documents such as:

  • Single Status Affidavit

  • Government marriage-record search

  • Birth certificate

  • Divorce decree

  • Death certificate of a former spouse

  • Passport copy

  • Proof of residence

  • Certified or sworn translation

  • Other civil-status documentation

Some documents may require apostilles while others may follow a different authentication procedure.


Do not assume that another person's marriage paperwork will be the same as yours simply because you are getting married in the same country. Requirements may depend on the local authority, your circumstances, the documents involved, and the instructions you have been given.

California Divorce Decree  sample
California Divorce Decree sample

What If I Was Previously Married?

If you were previously married, the foreign authority may require evidence that the prior marriage legally ended.

That may include a certified divorce decree or, depending on the circumstances, another official record.


If the divorce occurred in California and an eligible certified divorce record must be apostilled, the certified court record follows a different preparation path from a self-prepared Single Status Affidavit.


A certified divorce decree is a government court record and is not notarized before apostille processing. The qualifying court official's certification or signature is authenticated through the applicable apostille process.


You can review my California Divorce Decree Apostille Guide for additional information.


Do I Need a Translation of My Single Status Affidavit?

Possibly. Translation requirements are determined by the receiving authority.

Depending on the destination and purpose, you may be asked for:

  • A certified translation

  • A sworn translation

  • Translation of the affidavit

  • Translation of the apostille

  • Translation of the complete apostilled document package

  • Additional certification or authentication involving the translation

Confirm the required language and type of translation before ordering one.

When the receiving authority requires the complete apostilled document to be translated, completing the apostille first allows the document and attached apostille certificate to be translated together.


I can coordinate certified and sworn document translation services when required.


What If the Destination Country Does Not Accept Apostilles?

An apostille is not the correct international authentication process for every destination.

When the applicable relationship with the destination country falls under the Hague Apostille Convention, an eligible document may receive an apostille from the appropriate competent authority.


When the Apostille Convention does not apply, the document may instead require authentication and embassy or consular legalization.


Depending on the document and destination, the process can involve additional government authentication before legalization by the appropriate embassy or consulate.

This is why the destination country should be identified before apostille processing begins.


You can also review the Hague Apostille Convention countries for additional information.


Common Single Status Affidavit Apostille Mistakes

International marriage deadlines can leave very little room for correcting document problems. Some of the most important issues to avoid include:

  • Preparing an affidavit before confirming what the foreign authority actually requires

  • Assuming a Single Status Affidavit and a government-issued marriage-record search are interchangeable

  • Using wording that does not satisfy the receiving authority's instructions

  • Completing the wrong notarial act

  • Signing a document before an act that requires the signature to be made in the notary's presence

  • Using an incomplete or defective notarization

  • Sending a California document through the wrong apostille or authentication authority

  • Assuming an apostille verifies the truth of the affidavit

  • Ordering a translation before confirming what must be translated

  • Assuming apostille and embassy legalization are the same process

  • Waiting until shortly before an international marriage date to review the paperwork

Apostille processing cannot correct a problem with the underlying document. The document should be reviewed for apostille eligibility before it is submitted.


Before You Notarize or Apostille a Single Status Affidavit

Before proceeding, confirm as much of the following as possible with the authority requesting your documents:

  • What is the exact name of the document required?

  • Will a self-prepared affidavit be accepted?

  • Is a government-issued record required instead?

  • Is specific wording required?

  • Does the document require an acknowledgment, jurat, or another form of execution?

  • Are witnesses required?

  • Does the document have an age or issue-date requirement?

  • Does it need an apostille?

  • Does it need authentication or embassy legalization instead?

  • Is a certified or sworn translation required?

  • Must the apostille also be translated?

  • Is a previous divorce decree or other civil record required?

  • What is the deadline?

Having these instructions before the notarization can prevent unnecessary repeat appointments and document preparation.


Single Status Affidavit Apostille California FAQs


What Is a Single Status Affidavit?

A Single Status Affidavit is a sworn statement concerning a person's current marital status. It may be requested by a foreign authority when someone plans to marry abroad. The exact document and wording required should be confirmed with the receiving authority.


Does a Single Status Affidavit Need to Be Notarized?

A self-prepared Single Status Affidavit typically needs to be notarized before it can receive a California apostille. A government-issued certified record is different and should not be notarized merely to obtain an apostille.


How Do I Get an Apostille for a Single Status Affidavit?

First confirm that the receiving authority accepts a Single Status Affidavit and obtain its document and execution requirements. If the affidavit requires California notarization, complete the appropriate notarial act and then submit the eligible notarized document to the California Secretary of State for apostille processing.


Is a Single Status Affidavit the Same as a No Record of Marriage?

No. A self-prepared Single Status Affidavit is a statement made by the individual, while a No Record of Marriage or similar marriage-record search is issued by a government records agency. The receiving authority determines which type of documentation it will accept.


Can I Prepare My Own Single Status Affidavit?

You may be able to if the receiving authority accepts a self-prepared affidavit. Obtain the required wording, format, and execution instructions before preparing it. A California notary cannot draft the affidavit, choose the notarial act for you, or advise what a foreign authority will accept.


Do I Need an Apostilled Divorce Decree If I Was Previously Married?

The receiving authority may require proof that a previous marriage legally ended. If it requires an apostilled California divorce decree, an eligible certified court record can be submitted through the applicable California apostille process.


Does a Single Status Affidavit Need to Be Translated?

The receiving authority determines whether a certified, sworn, or other type of translation is required. Confirm whether the affidavit alone or the complete document and attached apostille must be translated.


What Happens If the Destination Does Not Use the Apostille Process?

If the Hague Apostille Convention does not apply, the document may require a different authentication and embassy or consular legalization process. The required sequence depends on the document and destination.

State of California Apostille Sample
State of California Apostille Sample

Need Help With a Single Status Affidavit Apostille in California?

If you already know that a Single Status Affidavit is the document required for your international marriage, I can assist with the California notarization and apostille process.


I can help with:


Before your appointment, obtain the document wording, notarial instructions, and acceptance requirements from the foreign receiving authority. This allows me to focus on making sure the notarization and California apostille submission are handled correctly without making decisions that belong to the receiving authority or your legal adviser.

Mobile notary appointments are available throughout San Mateo County and Santa Clara County. California apostille services are also available to clients outside the Bay Area who can send eligible documents for processing.


Not sure whether your completed document is ready for California apostille processing? Send me a clear photo or scan for review before mailing the original.


Tifini Goebel | California Commissioned Notary Public | Certified Apostille Support Specialist | Detailed Notary

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