Last updated September 11, 2024
What is a Marriage Affidavit?
A Marriage Affidavit is a sworn statement affirming the date and validity of a marriage. You can create this document to either confirm your own relationship or validate another couple’s marriage if you witnessed their wedding.
- A Marriage Affidavit is also known as a:
- Sworn affidavit of marriage
- Marriage affidavit certificate
- Proof of marriage affidavit
Marriage Affidavit versus marriage certificate
The state provides spouses with a marriage certificate after they’ve executed a marriage license. During a marriage ceremony, spouses typically sign a marriage license. An officiant authorizes the document and files the certificate with the county. In some states, the license also needs to be notarized. Once the county has certified the license, the couple will receive a certified copy of their marriage certificate by mail or can order a copy. How to obtain a copy of a marriage certificate depends on the jurisdiction’s protocols.
Creating a Marriage Affidavit takes place after a marriage. It’s a sworn statement to prove a marriage took place if a couple misplaces their copy of a marriage certificate. It can also be used as supplementary evidence when a couple must prove their marital status.
When to use a Marriage Affidavit
Writing an Affidavit creates a sworn statement of facts. Marriage Affidavits are needed when you’re asked to make a sworn statement about you or another couple being married.
You may need an Affidavit if you cannot find your marriage certificate and need to provide proof of your marriage. On other occasions, it may give further validation to your marriage certificate or help clarify the details of your marriage if records are incomplete or incorrect.
Instances you may be asked to produce a Marriage Affidavit include:
A Marriage Affidavit doesn’t just validate a current marriage. Divorced couples may use a Marriage Affidavit to supply evidence of a previous relationship.
It’s important to note that an Affidavit creates a sworn statement under oath. Making a false statement under oath is considered perjury.
Using a Marriage Affidavit for immigration purposes
A common reason to use a Marriage Affidavit is for immigration purposes, such as applying for an international visa or applying for a green card.
You’ll be required to provide evidence of a bona fide marriage if a spouse is looking for permanent residency in the United States. The U.S. Citizenship and Immigration Services (USCIS) must know that your marriage was genuine and not for fraudulent purposes.
With your mandatory documents and forms, you’ll need to provide as much evidence of your relationship as possible. This is where a witness to your wedding (e.g., an officiant or marriage certificate witness) can write a Marriage Affidavit to support your marriage certificate. Others who know your relationship more personally could also supply a Statutory Declaration to support your application.
If you need help with immigration or residency matters, it’s essential to contact an attorney for advice and guidance.
How to write a Marriage Affidavit
Writing a Marriage Affidavit is easy with LawDepot’s user-friendly template. First, you’ll need to select your role as the affiant. As the affiant, you’re either a spouse making a sworn statement about your marriage or a witness to a marriage.
Our questionnaire will then prompt you to include the following:
1. Location
You must select the location where you’re using your affidavit. This will customize your Marriage Affidavit with any state requirements it may need to be valid.
2. Affiant and couple’s details
Next, include the details of all the parties involved in the document. As the affiant, you’ll need to include your name and contact details.
Then, you’ll continue to include your spouse’s details if you’re making an affidavit for your marriage. Alternatively, if you’re a witness making a sworn statement about a marriage that took place, add both of the couple's details.
Include as much information about the marriage as possible to support the claim. This includes the wedding date and location.
LawDepot’s customizable Marriage Affidavit is available for marriages inside and outside the United States. For international weddings, include the city or town along with the country and state, province, or territory it took place.
4. Reason for the Affidavit
Finally, give precise details about why you need a sworn statement about the marriage taking place. For example, a couple may be looking to apply for a loan and require proof of their marriage.
You’ll also need to include why no marriage certificate is available if this applies to your situation.
Do I need to notarize my Marriage Affidavit?
Yes, a Marriage Affidavit must be notarized to be valid. You’ll need to swear before a notary that the details in your affidavit are accurate when you sign the document before them.
You can notarize your Marriage Affidavit securely and easily from home with LawDepot’s Online Notary services.
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