Certificate of single status, certificate of custom or certificate of capacity to marry: which one to provide and how to have it translated?
By Keran Chaussard, administrator of the Directory of Sworn Translators of France — updated on
The expression “certificate of single status” covers several different documents: the certificate of single status proper (no registered marriage), the certificate of custom (certificat de coutume, the rules of foreign law on marriage), the certificate of capacity to marry issued by a consulate, or the certificate of non-PACS. They are not interchangeable: you must provide exactly the one requested, then have it translated by a court-appointed expert translator if it is written in a language other than that of the receiving authority.
A French national marrying abroad is often asked for a “certificate of single status”, even though France has no general document of that name. They usually provide a certificate of capacity to marry (certificat de capacité à mariage – CCAM) issued by the French consulate, a recent full copy of their birth certificate (which would show any marriage or PACS) and, depending on the country, an additional statement, all apostilled and translated if the foreign authority requires it.
Which document proves what?
| Document | What it proves | Who issues it | Who asks for it |
|---|---|---|---|
| Certificate of single status (e.g. certificado de soltería, affidavit of single status) | No registered marriage | The country’s civil registry, sometimes a notary or a consulate | Town hall, foreign authority, notary |
| Certificate of custom (certificat de coutume) | Rules of foreign law: age, capacity, impediments, matrimonial property regime | The country’s embassy or consulate, a lawyer from that country | French town hall, notary |
| Certificate of capacity to marry (certificat de capacité à mariage – CCAM) | That a French national may marry abroad under French law | French embassy or consulate for the place of marriage | French consulate, then the foreign authority |
| Certificate of non-PACS | No current PACS | Central Civil Status Service (SCEC) in Nantes for foreign nationals born abroad | Town hall or notary for a PACS |
| Full copy of the birth certificate | Up-to-date civil status, with notes of marriage, divorce or PACS | Town hall of the place of birth or SCEC in Nantes | Almost every procedure |
A foreign national marrying in France
The town hall usually asks for a recent birth certificate, a certificate of custom and, depending on the country, a certificate of single status or of capacity to marry. The details of the documents, time limits and translations are explained in our article on getting married in France to a foreign national. Two points to remember here:
- the certificate of single status does not replace the certificate of custom: the first establishes a fact, the second describes the applicable law;
- a certificate of custom issued by a consulate in France is often written in French and then does not need translating; a certificate of single status issued in the country of origin, however, must be apostilled or legalised depending on the country, then translated by a court-appointed expert.
A French national marrying abroad
This is where confusion is most common: the foreign authority asks for a “certificate of single status” according to its own categories, and the French future spouse does not know what to provide.
The certificate of capacity to marry
Before marrying abroad, a French national applies for a certificate of capacity to marry (CCAM) at the French embassy or consulate for the place of marriage. The file includes in particular a full copy of their birth certificate less than three months old if born in France (six months if born abroad), proof of nationality, proof of address and the documents of the future spouse. The banns are published for ten days, and the future spouses may be interviewed. The CCAM is issued only once these formalities are complete.
Completing this procedure also makes it easier to have the marriage recorded in the French civil registers afterwards.
When the country asks for something else
Some countries do not accept the CCAM or require a document issued by a domestic authority. Germany is one example, its civil registry offices refusing certificates issued by consulates; the matter was the subject of a written question in the French National Assembly in 2016. French consular posts then advised providing a certificate of single status issued by the civil registrar of the place of birth.
In practice, depending on the country and the authority:
- a recent full copy of the birth certificate serves as proof, since it would bear a note of any marriage or PACS;
- a certificate issued by the town hall of the place of birth or by the consulate may be required;
- a sworn statement with a certified signature sometimes completes the file.
Always ask the foreign authority for the written list of documents, and pass it on to the translator.
Translation and apostille of French documents
For a country that requires it, French documents are apostilled or legalised, then translated together with their apostille. A sworn statement or a translation intended to be apostilled requires the signature to be certified first. Between EU countries, the birth certificate is exempt from the apostille, and a European multilingual standard form or a multilingual extract may avoid translation.
Validity: the most common pitfall
These documents certify a situation at a given date. Authorities often require them to be less than three or six months old on the day of submission, or even of the wedding. Translation does not extend their validity. In an international file, several weeks can pass between obtaining the document, the apostille, the translation and the postage: order these documents last.
What the translation must include
- the whole document, stamps, handwritten notes and apostille included;
- surnames and first names spelt as in the passport, to be pointed out to the translator;
- the exact title of the document in its original language, so that the receiving authority knows which document it is.
The translator translates the document provided; they can neither issue it nor turn a certificate of single status into a certificate of custom.
Finding a translator for a certificate of single status or of custom
The Directory of Sworn Translators of France lets you search for a court-appointed expert translator by language, département, region and court of appeal. For a wedding on a fixed date or a rare language, the express file submission service lets you entrust the request to the Directory, attaching the list of documents requested by the town hall or the foreign authority.
Frequently asked questions
- What is the difference between a certificate of single status and a certificate of custom?
- The certificate of single status certifies that no marriage is registered. The certificate of custom describes the rules of foreign law on marriage. A town hall may ask for both.
- How do you obtain a certificate of single status in France?
- France has no general document of that name. Depending on the case, you provide a recent full copy of the birth certificate, a certificate of capacity to marry issued by the consulate, or a certificate from the town hall or consulate where the foreign authority requires it.
- Does a foreign certificate of single status need translating for a marriage in France?
- Yes, if it is not written in French, by a court-appointed expert translator, after the apostille or legalisation required by the country.
- How long is a certificate of single status valid?
- It depends on the authority, but often less than three or six months on the day of submission. Translation does not extend its validity.
- What is the certificate of capacity to marry?
- It is the document issued by the French consulate to a French national marrying abroad, after the banns are published and a possible interview, certifying that they may marry under French law.
Sources
- Service-Public, marriage of a French national abroad (certificate of capacity to marry, publication of banns, transcription)
- French National Assembly, written question No. 95853 (2016) on the recognition of certificates of capacity to marry in Germany (in French)
- French Civil Code, Articles 171-1 to 171-8 (marriage of French nationals abroad)
- Regulation (EU) 2016/1191 of 6 July 2016 on the circulation of certain public documents
- Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents
