What is an Affidavit of Marriage?

First of all, what is marriage all about? In its most barebones definition, it refers to a simple combination of two or more elements that exist. In the definition that is most familiar to everyone, marriage refers to a legally or culturally recognized form of union between partners (which are known afterward as spouses). It commonly is considered a common universal trait in every human culture that exists around the world. However, despite that, different definitions between different cultures and religions exist, and its definition definitely has the chance of evolving as time goes on. Several reasons exist for individuals choosing to go into marriage. It can be for financial reasons, emotional reasons, social reasons, and maybe the most common of all, legal reasons.

On the legal side of things, we have a document called a marriage affidavit or an affidavit of marriage. What is this document all about? Well, it simply refers to a legal document that serves as a sworn declaration filed to a specific institution in order to prove that two persons are married. Spouses usually refer to this document to prove their marriage if they are unable to locate their marriage certificate. This document is frequently known as an alternative to the traditional government-issued marriage certificate. Marriage affidavits may be used for a variety of causes or issues, including child custody disputes, divorce cases, and even name changes. Additionally, this can also be utilized for obtaining specific documents, such as a passport or insurance policies. The spouses must be present in front of a qualified person in order for this document to be confirmed as legitimate.

What’s In an Affidavit of Marriage?

Here are the key components that makeup/should be included in creating an affidavit of marriage:

Title of the Affidavit. This is the first important part of the marriage affidavit and should simply inform the reader of the subject of your sworn declaration. The title of the affidavit in this scenario would be “affidavit of marriage.” The names of the spouses and the affidavit’s content should be mentioned in this section. If the affidavit is being presented to a court, the label of the case must also be stated in this part. The case label can be located on any court records pertaining to the case. The name of the court, the location of the court, the names of all parties involved, and the case number will all be included in a case label or a case caption.Statement of Identity. After the affidavit title would be the section that contains the statement of identity. This next section of the affidavit should list all of the people involved. The person’s name, age, profession, as well as other personal information should be included. This would be the identities of the spouses in the case of a marriage affidavit. In a court case or battle, this portion of a marriage affidavit is intended to introduce the parties and their relationship to the facts they’re about to describe in court. This part must also include any relevant facts that back up any statements made.Statement of Truth. After the statement of identity would be the statement of truth. This section of the marriage affidavit is used to attest that the affidavit contains accurate facts or is used to attest that the facts presented here are being done so to the best of the knowledge of the people involved. This part of the affidavit is like swearing under oath in a courtroom. It should be highlighted that the statement of truth should always be made in the first person and must include the names of the people concerned. Additionally, because it simply acts as an admitting statement that the parties agree not to lie in the marriage declaration, it is best kept brief and uncomplicated.Facts. After the statement of truth, this section comes next in the marriage affidavit. The facts of the marriage must be described in this portion of the marriage affidavit. It is advised that the parties involved avoid utilizing personal opinions or views when doing so. This section of the affidavit will include the names, dates, and times of the marriage. The state, nation, or location where the marriage took place might also be provided. Keep in mind that this will most likely be the longest component of the marriage affidavit. This part does not need to be a certain length; what matters is that it contains all of the necessary information.Reiteration of Statement of Truth. This section comes next after the facts portion of the marriage affidavit. After all of the facts in the preceding portion of the affidavit of marriage have been properly recounted, the document must be closed out with another statement of truth. All that’s mentioned here is a concise summary that everything said in the preceding part is accurate to the best of the parties’ knowledge. This part should be no more than a couple of sentences long. The wording here may be changed slightly from the original statement of truth, but the reiteration portion should be comparable to the initial statement of truth in most ways.Signature and Notarization. This is the final section of the affidavit of marriage. The document must then be signed by all parties participating in the marriage affidavit. The marriage affidavit can be completed in its entirety before being notarized and witnessed, however, it is crucial to note that the signing procedure must be done in the presence of a qualified witness or notary. Additionally, the marriage affidavit will also require the signature of a licensed notary or witness at the bottom.

Types of Marriage

Here are some of the main types of marriages that exist across different cultures:

Polygyny. Polygyny is a type of marriage in which a single guy marries many women at the same time. Polygyny is more prevalent than polyandry, although it is not as widespread as monogamy, and it was formerly ubiquitous in ancient cultures. Sororal polygyny and non-sororal polygyny are the two varieties of polygyny. The wives in the first form of polygyny are sisters, and this is a common practice among tribes that pay a very high bride price. The opposite of sororal polygyny is non-sororal polygyny, in which the spouses are not sisters.Polyandry. On the other hand, polyandry is a type of marriage in which a single woman gets married to several men. There are also two types of polyandry, which are fraternal polyandry and non-fraternal polyandry. In the first type of polyandry, the married men that share the same wife are brothers. In the second type of polyandry, the husbands do not need to be brothers or establish a close relationship prior to getting married to the single woman. The woman visits each husband for a short period of time, while it happens the other spouses have no rights or claims over that woman.Monogamy. Monogamy is a type of marriage in which one man marries one woman, and it is the most prevalent type of marriage seen in all civilizations. Monogamy is generally practiced, giving all people marital opportunities and fulfillment. Serial monogamy and straight monogamy are the two forms of monogamy. Individuals in the first form of monogamy are allowed to marry again after the death of their first spouse or after divorce, but they are not allowed to have more than one spouse at the same time. Individuals are not allowed to remarry in the second form of monogamy.Interfaith Marriage. Interfaith marriage is a sort of marriage in which the couples are of various religious backgrounds. Interfaith weddings are most commonly made as civil marriages, however, they can also be established as religious marriages in specific cases. Each spouse in an interfaith marriage usually practices their own religion. However, it is not without its own set of issues, since one of the most prevalent issues that might emerge in such marriages is the option of faith from which to raise their children.

How to Create a Marriage Affidavit

Discussed below are the general steps that are to be followed when creating an affidavit of marriage:

1. Identify the Parties and Specify Who Will Sign

In creating an affidavit of marriage, the first step that usually needs to be followed would be this one. In a marriage affidavit, the parties involved are the spouses. After the spouses have been identified with their appropriate details, the next thing to do is to specify whether only one party will sign or both of them will sign the affidavit. When only a single party will sign the affidavit, it is known as a single affidavit, and when both parties will sign the document, it will be known as a joint affidavit.

2. Identify the Marriage Certificate Details

After identifying the parties involved in the marriage affidavit and specifying who will sign the document, this step will then follow. Even though this may seem out of place (as marriage affidavits are often used when the marriage certificate is nowhere to be found), the place where the marriage certificate was signed and the date when it was signed must still be stated and be done so according to the best of the knowledge of the party/parties who will complete and sign the affidavit.

3. Create a Statement of Identity and Statement of Truth

After providing the details concerning the date and place of the finalization of the marriage certificate, this step will follow next. What needs to be done here is to create a statement of identity which, as stated earlier, contains personal information including the name, age, occupation, place of residence, and any other relevant information. Afterward, create a statement of truth, which, as also stated earlier, is used to attest that the affidavit contains accurate facts or is used to attest that the facts presented here are being done so to the best of the knowledge of the people involved.

4. State the Facts of the Affidavit

After creating the statement of identity and truth, the next thing to be done is to state the facts of the marriage affidavit. The facts of the marriage must be described in this step of creating the marriage affidavit. It is advised that the parties involved avoid utilizing personal opinions or views when doing so, and just stick to the objective facts. It is also advised to state them clearly. In this step of creating the marriage affidavit, include the names, dates, and times of the marriage. The state, nation, or location where the marriage took place might also be provided.

5. Get the Affidavit Signed and Notarized

This serves as the last essential step in creating the affidavit of marriage. The nation and place in which the affidavit is being signed must be specified in this phase of the process of drafting the marriage affidavit. The paperwork must be printed and signed before a notary who will also have to sign the form after it is completed. The final affidavit should be preserved in a secure location so that it may be used as proof of marriage in the future.


Is there anything to look out for when signing an affidavit?

Yes, there is. One thing to keep in mind is that signing an affidavit with false statements might result in legal penalties. It’s the same as giving testimony since you’re signing a paper under oath. If fraudulent information is submitted or falsehoods are contained on the affidavit, perjury penalties may be imposed, including monetary penalties, community work, and even jail time.

What do the judges usually look for in an affidavit?

Affidavits will be scrutinized by judges for a range of factors. First and foremost, they will normally look for any contradictions in the affidavit. Another thing they’ll look for is if the statements in the paper are credible or intrinsically unbelievable. They’ll also look for any clear prejudice in the statements stated in the affidavit. Most importantly, they will look to see if any crucial details were overlooked when drafting the affidavit.

Is an attorney required for creating this document?

It is entirely optional. Though that may be the case, many couples opt to have their marriage affidavit executed by a legal company. This is especially handy when an affidavit isn’t necessary in a court case yet failing to give one might result in sanctions. Additionally, seeking legal help is also handy when the situation is more difficult and involves immigration law.

To conclude, the situations where this document may be necessary include needing a document to prove someone’s marriage when their record is misplaced or destroyed, and when their marriage record is incomplete, incorrect, or full of inconsistencies. In shorter terms, this document is used when someone has a ring on their finger but has lost or misplaced the certificate that proves so. In this article, there are plenty of example templates concerning this affidavit that are present that can be helpful to you when you need to make one.