Jump to Section
Need help with an Affidavit of Marriage?
What is an Affidavit of Marriage?
An affidavit of marriage is a legal document and a sworn statement submitted to the court, university or another institution, to verify that two people are married. Affidavits of marriage are often alternatives to a marriage certificate, which is typically issued by the Government.
An affidavit of marriage may be required for multiple reasons. They may be required on issues related to child custody, divorce proceedings, and changing your name.
How Do You Write an Affidavit of Marriage?
You can use an affidavit of marriage as a sworn statement that you are married and to name who you are married to. An affidavit is generally needed when applying for a foreign visa or when you do not have your marriage certificate . A marriage certificate is an official statement that two people are married. In most jurisdictions, this is issued by a government official after the civil registration of marriage.
There are a few general steps following when preparing an affidavit of marriage.
- Step 1 – Specify whether one or both spouses will be completing and signing it. It will need to be specified if one or both spouses are completing and signing it. If only one spouse is completing it you should select “single” otherwise, select “joint”. An affidavit of marriage should be completed by a person, or the Affiant, who can attest to their personal knowledge of the circumstances surrounding the marriage under oath. This person can be the spouse in the marriage or someone present at the wedding, like a family friend. The document includes identifying information of the Affiant–names, addresses and birth date. The document describes the wedding and the marriage, such as when and where it took place. The document also explains how the subject and the affiant know each other and sources of the Affiant’s personal knowledge of the circumstances surrounding the marriage.
- Step 2 – Specify the state where the marriage certificate was signed and dated. You will need to specify the state where the marriage certificate was signed in and the date of signing.
- Step 3 – Specify the country and state where the affidavit is being signed. Finally, you will need to specify the country and state where the affidavit is being signed. Once the form is complete, you will need to print and sign it in front of a notary who will also need to sign the form. The completed affidavit should be kept in a safe place so that it can be used as a proof of marriage.
While there are no laws outlining what to put in an affidavit, there are some common practices. The document should include robust information to be persuasive under authority.
You can read more on executing an affidavit of marriage.
What’s Included in An Affidavit of Marriage
There are few things that you should include in an affidavit of marriage:
- Title of affidavit: The title of the affidavit needs to tell the person reading it what the sworn statement will be about. In this case, it would be an “Affidavit of Marriage”.
- Statement of identity: The next part of the affidavit should identify the parties involved. It should include the name, age, occupation, and other personal information of the parties.
- Statement of truth: This section should be used to swear that the affidavit contains true facts. An affidavit of marriage is equivalent to swearing under oath in a courtroom.
- Facts: You will need to state facts of your marriage. Avoid using personal opinion or observations. This can contain the names, dates and times of when the marriage took place. You can add the state, country or place where it took place.
- Signature: Remember that both parties will need to sign the affidavit. This will need to be done under the presence of a licensed witness or notary.
- Notary signature: The licensed notary or the witness will also need to sign the bottom of the affidavit.
Here is an article with more information on what to include in an affidavit of marriage.
Image via Pexels by SplitShire
Purpose of an Affidavit of Marriage
Affidavits can be used for multiple purposes. They are often filed in courts to show that a certain information is true. Sometimes an attorney can use your affidavit so you do not have to appear in court. This would also save time and money that you would otherwise need to spend on any legal events.
Affidavits are often required in a number of judicial proceedings such as estate planning matters, immigration and family law issues. Without this affidavit, other legal instruments might not be considered valid. Affidavits can be used in banks and insurance matters as well.
Since an affidavit is used in multiple legal events, you should always be truthful in an affidavit to avoid committing perjury. Perjury means lying under oath to avoid any penalty.
Affidavits are widely used in the immigration process. When one is applying for a marriage green-card, they will need to show that their marriage is a legal. One can provide a marriage certificate with the green card application. However, that alone might not be enough to show a bona fide marriage. A bona fide marriage means that the parties intend to build a future together and that the marriage is not just for green card purposes. An affidavit of marriage can provide that support.
When You Need an Affidavit of Marriage
Common situations where you can use an affidavit of marriage include the following:
- When your marriage record is misplaced or destroyed
- When your marriage record is incomplete or incorrect
- When you need to provide supplementary proof of marriage along with a marriage certificate.
Once an affidavit of marriage is completed, it can be used as an alternative or supplement to an official marriage certificate.
Get Help With An Affidavit of Marriage
Do you have any questions about an affidavit of marriage and want to speak to an expert? Post a project today on ContractsCounsel and receive bids from family lawyers who specialize in family law and marriage license.
Meet some of our Affidavit of Marriage Lawyers
August 30, 2021
Hello! I am a young attorney with four years' experience in real estate transactions, fund formation, and general corporate transactional work. I graduated in 2016 from the University of Texas - Austin and I am barred in Texas.
October 25, 2021
Billy Joe M.
I graduated from the University of Illinois at Urbana-Champaign in 2006 with a degree in Political Science, Finance, and Economics. I stayed around Champaign for law school and graduated in 2009. I then worked at a big law firm in downtown Chicago. It was boring, so I quit in early 2011. I thought that I could not be happy practicing law - I was wrong. After I quit the traditional law firm life, I began representing my own clients. I realize now that I love helping normal people, small business owners, and non-profits address a variety of legal issues. I hope to hear from you.
September 16, 2021
G'day, my name is Michele! I work with startups, entrepreneurs and small/medium-sized businesses across the country in a wide array of industries. I help them with all of their ongoing, daily legal needs. This includes entity formation, M&A, contract drafting and review, employment, asset sale & acquisition, and business sales or shareholder exits. I'm half-Australian, half-Italian, and I've lived the last 20+ years of my life in America. I've lived all over the USA, completing high school in the deep south, graduating cum laude from Washington University in St. Louis, and then cum laude from Georgetown University Law Center. After law school I worked for the Los Angeles office of Latham & Watkins, LLP. After four intense and rewarding years there, I left to become General Counsel and VP of an incredible, industry-changing start-up called Urban Mining Company (UMC) that manufactures rare earth permanent magnets. I now work for Phocus Law where I help run our practice focused on entrepreneurs, startups, and SMEs. I love what I do, and I'd love to be of help! My focus is on providing stress-free, enjoyable, and high-quality legal service to all of my clients. Being a good lawyer isn't enough: the client experience should also be great. But work isn't everything, and I love my free time. I've been an avid traveler since my parents put me on a plane to Italy at 9-months old. I'm also a music nut, and am still looking for that perfect client that will engage me to explain why Dark Side Of The Moon is the greatest album of all time. Having grown up in a remote, and gorgeous corner of Australia, I feel a strong connection to nature, and love being in the elements.
September 27, 2021
The Law Office of David Watson, LLC provides comprehensive and individualized estate-planning services for all stages and phases of life. I listen to your goals and priorities and offer a range of estate-planning services, including trusts, wills, living wills, durable powers of attorney, and other plans to meet your goals. And for convenience and transparency, many estate-planning services are provided at a flat rate.
September 3, 2021
James David W.
I graduated from Harvard Law School and worked first for a federal judge and then a leading DC firm before starting a firm with a law school classmate. My practice focuses on company formations, early-stage investments, and mergers & acquisitions.
November 11, 2021
Anna is an experienced attorney, with over twenty years of experience. With no geographical boundaries confining her practice, Anna works on corporate, healthcare and real estate transactions. Anna brings extensive big firm experience, garnered as an associate in the Miami office of the world's largest law firm, Baker and McKenzie, and the Miami office of the international law firm Kilpatrick Townsend. Her areas of expertise include: mergers and acquisitions, initial public offerings, private placements, healthcare transactions, corporate finance, commercial real estate transaction and acting as a general corporate counsel. Anna is certified to practice law in Florida and was admitted to the Florida Bar in 1998. Anna is also a Certified Public Accountant. She passed May 1995 CPA Exam on the first sitting. She is fluent in Russian (native).
September 22, 2021
Startup Lawyer that caters to the entrepreneurial spirit. Focusing on building long term relationships and working with emerging startups throughout their entire life cycle. From concept to IPO, I'll will help guide you along the way. Years of high level experience drafting, negotiating, and reviewing all types of transactional contracts, e.g., operating agreements, charters, bylaws, NDAs, Terms of Service, Master Service Agreements, etc. You name it; it's crossed my desk. Have a depth of experience working with the USPTO to file trademarks, copyrights, and patents. If you're in the startup space and need a helping hand, I'm your guy.