Samuel Laman Blanchard once said, “The scarcity of truth is atoned for by the abundance of affidavits; if a rumor is impugned, its veracity is easily strengthened by the…continue reading
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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:
Types of Marriage
Here are some of the main types of marriages that exist across different cultures:
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.