Affidavit translation of marriage certificate

If a document that must be filed is not in English, rule 2.17 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 requires the person filing it to also file an English translation and an affidavit by the translator verifying the translation and setting out their qualifications. A marriage certificate is filed with an Application for Divorce, so a foreign-language certificate needs this affidavit. The court's instructions say it is completed by the translator, who should be a professional certified translator, usually NAATI certified, and that the original certificate and the translation are attached as annexures A and B. Annexures must be identified, paginated and bear a statement signed by the witness (r 8.15(3)).

When you need it

• You are applying for divorce and your marriage certificate is not in English.
• You are the translator who translated the certificate and have been asked to complete the affidavit.
• If you cannot get your overseas marriage certificate at all, the court's divorce page says a different affidavit setting out the marriage details is needed.

1. 1

   Remove the instruction sheet

   The first pages explain the requirements and must be removed before filing.

2. 2

   Part A - the parties

   The applicant's and respondent's family names (as used now) and given names, matching the divorce application.

3. 3

   Part B - about the translator

   The translator's name, address, email and occupation. Tick that annexure A is a true copy of the certificate in the named language as provided, that annexure B is an accurate English translation prepared by the translator, and that the translator is NAATI certified, with their qualifications.

4. 4

   Annexures A and B

   Label the copy of the original certificate A and the translation B. Number the pages consecutively to the last page of the last annexure. Each annexure carries a statement, signed by the witness, identifying it as the document referred to in the affidavit.

5. 5

   Part C - swear or affirm

   The translator signs before a Justice of the Peace, notary public, lawyer or other authorised person, who also signs the annexure statements at the same time.

• The court says the affidavit must be filed at the same time as the Application for Divorce, as one document with the annexures attached.
• If you eFile on the Commonwealth Courts Portal you will be asked to upload the marriage certificate and the translation affidavit at Step 2.
• A document annexed to an affidavit must be served with it (r 8.15(4)), so include it with the divorce documents you serve on your spouse.

• Tell the translator at the start that they will need to swear an affidavit, so they can arrange a witness.
• NAATI keeps a directory of certified practitioners, which the court's divorce page points to.
• Check the names in the translation match the names used in your divorce application.