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Sworn declaration of capacity to marry: in what cases, and how does it work?

Capacity to marry refers to meeting the legal conditions required to marry — minimum age, no legal impediment, free consent. Several countries require a sworn declaration confirming this capacity before allowing a marriage on their territory, alongside a declaration of single status or no remarriage.

This declaration often accompanies a declaration of single status or no remarriage — the three documents serve complementary purposes depending on the exact requirements of the country or authority concerned.

Sworn declaration of single status: in what cases, and how does it work?

In what situations is it requested?

  • a marriage celebrated in a country that requires confirmation of legal capacity to marry;
  • a consular process ahead of a marriage abroad;
  • recognition of a marriage celebrated abroad by a third-party authority.

What should the declaration contain?

  • the declarant's full identity, including date of birth;
  • confirmation that they meet the legal conditions to marry in Québec (age, no impediment);
  • a statement of truthfulness.

Is this declaration always enough for a marriage abroad?

Not necessarily — some countries or consulates additionally require legalization, an apostille, or a certified translation. Always check the exact requirements of the country or authority concerned before your oath-commissioning session.

Can it be sworn online?

Yes, when the document and situation are eligible for remote oath commissioning, by videoconference.

Online oath commissioning in Québec: how does it work?

Assermentation Express

Assermentation Express is not a government website. This service does not determine whether your declaration of capacity to marry meets the requirements of the receiving country or authority — always check the most recent official information before booking.

Do you need a declaration of capacity to marry sworn? Check availability and book your appointment online.

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Sources and references

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Sworn declaration of capacity to marry