Affidavit of Marriage

An Affidavit of Marriage can be used in place of a marriage certificate to prove that two people are married.

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Written by:

Payge Torres Anderson

When you get married, the court or religious institution issues a marriage certificate serving as an evidentiary document that you are married. Before that, you will first procure a marriage license.If you ever misplace or lose your marriage certificate, you can swear to an Affidavit of Marriage for use as proof.

What Is an Affidavit of Marriage?

If you have been married for a long while, your marriage certificate may become the last thing on your mind. If you and your spouse have to prove your legal union, you can use an affidavit. Just remember both you and your spouse have to be present to verify its validity.

Other Names for Affidavit of Marriage

Depending on your state, an Affidavit of Marriage may also be known as:

Marriage Affidavit
Marriage Affidavit Certificate
Sworn Affidavit for Marriage
Joint Affidavit of Marriage
Affidavit of Marriage Relationship

Who Needs an Affidavit of Marriage

Besides a misplaced marriage certificate, it is also common for couples in a common-law marriage to use an Affidavit of Marriage as proof.

Why Use 360 Legal Forms for Your Affidavit of Marriage

Customized for you, by you

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need from your Affidavit of Marriage.

Specific to Your Jurisdiction

Laws vary by location. Each document on 360 Legal Forms is customized for your state.

Fast and easy

All you have to do is fill out a simple questionnaire, print, and sign. No printer? No worries. You and other parties can even sign online.

How to Create an Affidavit of Marriage with 360 Legal Forms

Your Affidavit of Marriage is a legal document attesting to your union. Improper execution may result in perjury offenses. Rather than hacking it on your own, you can rely on 360 Legal Forms to create one that passes legal muster.

Let 360 Legal Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Affidavit of Marriage

To create your document, please provide:

Names of both spouses: The legal name and the date and place of birth of both spouses.
Other personal details: The contact information, employment details, and additional relevant information.
Date of marriage: The date of the marriage or the best of your recollection.
Place of marriage: The location where the marriage certificate was signed.
Current residence: The address of your home (both addresses if living separately.)
Signatures: Both spouses will have to sign the Affidavit of Marriage at the same time.

Affidavit of Marriage Terms

Marriage license: A government-issued permit for the marriage
Marriage certificate: A document testifying that two people are legally married
Affidavit: A sworn written statement under oath
Sworn oath: A statement made in a court where the person has pledged to its truth

Affidavit of Marriage Signing Requirement

Before signing your Affidavit of Marriage, make sure all the information entered is correct. If everything is accurate, you and your spouse sign the affidavit together and in the presence of a notary public. This is mandatory to constitute an affidavit.

What to Do with Your Affidavit of Marriage

After getting your Affidavit of Marriage notarized, you might have to file it with a court, though this is usually only the case if the affidavit is needed in a court proceeding in the first place. It is essential to make sure you do so by the date ordered by the court.

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Frequently Asked Questions

What is an affidavit of marriage used for?

An affidavit of marriage is used to prove marital status when the official marriage certificate is unavailable, delayed, or lost. Common uses include immigration applications, name changes, spousal benefits claims, estate matters, and common-law marriage verification. It is a sworn statement, not a government record, so some agencies may only accept it as temporary or supplemental proof.

How do I get an affidavit of marriage?

You can create an affidavit of marriage using an attorney-vetted template at 360 Legal Forms. Fill out the guided questionnaire with both spouses' details, the date and place of marriage, and the purpose of the affidavit. Then download the document, have both spouses sign it in front of a notary public, and submit it to the requesting agency or institution.

Does an affidavit of marriage need to be notarized?

In most cases, yes. Notarization is generally what transforms a signed statement into a legally sworn affidavit. Without a notary's acknowledgment, most courts, immigration agencies, and government offices will not accept the document. Some situations may also require one or more witness signatures - always confirm requirements with the requesting party before signing.

Can an affidavit of marriage be used instead of a marriage certificate?

An affidavit of marriage can serve as secondary proof of marriage in many situations, but it generally cannot permanently replace an official marriage certificate. Most government agencies, financial institutions, and immigration authorities will eventually require the certified certificate. Use the affidavit as a bridge while you obtain a certified replacement from your county's vital records office.

Can divorced couples use an affidavit of marriage?

Yes. In some cases, former spouses need to prove that a prior marriage existed - for divorce proceedings, benefit claims, immigration records, or estate purposes. An affidavit of marriage can document the existence of a past marriage even after the relationship has ended.

Can an affidavit of marriage validate an invalid marriage?

No. An affidavit of marriage cannot make a legally invalid marriage valid. It can only attest to the existence of a marriage that was legal at the time it occurred. Cases involving bigamy, duress, incapacity, or other grounds for invalidity cannot be resolved with an affidavit.

Do I need an attorney to create an affidavit of marriage?

An attorney is not required to create an affidavit of marriage. Many couples create one independently using an attorney-vetted template. Legal assistance may be worth considering, however, if the affidavit is needed for complex immigration filings, contested court proceedings, or situations involving disputed marital status.

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