An affidavit of marriage is a legal document and a sworn statement submitted to the court 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.
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.
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.
Meet some lawyers on our platformThere are few things that you should include in an affidavit of marriage:
Here is an article with more information on what to include in an affidavit of marriage.
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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 immigration and family law issues or, sometimes, estate planning matters. 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 be a factor in providing that support.
Common situations where you can use an affidavit of marriage include the following:
Once an affidavit of marriage is completed, it can be used as an alternative proof of marriage or a supplement to an official marriage certificate.
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.
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