Divorce with a marriage certificate not in English: the translator’s affidavit

The Federal Circuit and Family Court of Australia says: “If a marriage certificate is not in English it must be translated. The person who translates the certificate must complete an Affidavit Translation of Marriage Certificate”. That person attaches a copy of the original certificate and the translation, and must “set out their qualifications to make the translation.”

The court’s rules say the same for any document not in English. Rule 2.17 of the court’s Family Law Rules 2021: “If a document that must be filed with the court is not in English, the person filing the document must also file: (a) a translation of the document in English; and (b) an affidavit, by the person who made the translation, verifying the translation and setting out the person’s qualifications to make the translation.”

And on timing, the form page says: “The Affidavit Translation of Marriage Certificate must be filed at the same time as the Application for Divorce.”

So a translation on its own is half of what the court asks for. The other half is a sworn or affirmed statement, and it has to come from the translator, not from you.

The instruction sheet sums it up: “The translator must confirm that they personally translated the attached marriage certificate, that the translation is a true and accurate translation of the marriage certificate provided to them, and state their qualifications (for example, NAATI certification details).”

The form itself has three parts:

• Part A, about the parties. The names of the applicant or applicants and the respondent, each “Family name (as used now)” and given names, matching your divorce application.
• Part B, about the translator. Their name, address, email address and occupation, then three statements they tick: that the attachment marked “A” “is a true copy of a marriage certificate in the … language as provided to me”; that the attachment marked “B” “is an accurate translation of that marriage certificate into the English language prepared by me”; and the NAATI statement quoted above, followed by “I have the following translation qualifications”.
• Part C, signature. “I swear / affirm the contents of this affidavit are true”, with the translator’s signature, the place and date, and the witness’s signature, full name and title.

On the address, Legal Aid NSW’s instructions for the form tell the reader it “can be a workplace/professional address rather than a personal residential address”.

Use the court’s current form. Legal Aid NSW’s instructions walk through an earlier version (form code 0921V1), whose last translator statement reads “I am competent to make this translation of the marriage certificate and have the following translation qualifications”. The version on the court’s form page now (code 0326V1) has the NAATI statement instead. Download the form from the court’s page when the translator fills it in, not from an older guide.

Tell the translator at the start. The court’s first step reads: “Arrange for a NAATI Certified translator to translate your marriage certificate. Inform the translator that they will need to complete an Affidavit.” Finding out afterwards that a translator does not swear affidavits means starting again with someone who does.

File it as one document. “File the Affidavit with the English translation and the copy of the original marriage certificate annexed, as one document.” If you file online: “If you eFile on the Commonwealth Courts Portal you will be asked to upload the Marriage Certificate and Affidavit Translation of Marriage Certificate at Step 2.”

Check the names. The court’s divorce page says: “It is important to make sure that the names at Q.13 are the same as on your marriage certificate otherwise you may be required to provide further evidence.” Where names on the certificate are in another script, give the translator the spelling in your passports so the translation and the application agree. Which spelling of your name goes on the translation explains how that works. If you now use a different name, the same page says: “If the name you use now is different from your married name or maiden name you will need to file an affidavit explaining the difference in names.” That one is your affidavit, not the translator’s.

No certificate at all? The court says: “If you are unable to obtain a marriage certificate from overseas you must provide an Affidavit setting out the details of the marriage and the reasons why you are unable to provide the certificate.” There is nothing to translate in that case; the court suggests legal advice on how to prepare it.

The federal court’s divorce page says: “If you are located in Western Australia you should contact the Family Court of Western Australia where divorces in Western Australia are only filed.”

The Family Court of Western Australia asks for the same pairing in its own words: if your marriage certificate is not in English, you have it translated and “attach both documents to an Affidavit of Translation of Marriage Certificate from the translator.” Its general page on translations says the document and its translation are attached to an affidavit “sworn or affirmed by the translator before an authorised witness.”

The WA form is worded differently from the federal one. The translator states: “I can read and write in both the … and the … languages”, that Annexure “B” “is an accurate translation of the said Marriage Certificate into the English language prepared by me”, and “I am competent to make the Translation of Marriage Certificate”. It has no NAATI statement. The witness boxes are “Justice of the Peace”, “Notary public” and “Lawyer”. If you are filing in WA, use the WA court’s form.