What is a Affidavit Of Marital Consent?
An affidavit of marital consent is a sworn statement confirming consent to a proposed marriage, used in England and Wales primarily in cross-border or international marriage contexts where a foreign authority requires sworn confirmation rather than a simple declaration. Since the Marriage and Civil Partnership (Minimum Age) Act 2022 the domestic need for third-party consent has been removed, as only adults may now marry. Where required, the affidavit is sworn before a solicitor or commissioner for oaths.
About the Affidavit Of Marital Consent
An Affidavit of Marital Consent is a sworn legal document that formally declares your consent to a marriage under oath. This notarized statement serves as official proof of your agreement to marry when circumstances prevent you from providing consent in person or when additional documentation is required by law.
When do you need this document?
You'll need an Affidavit of Marital Consent in several specific situations. If you cannot physically appear at the marriage license office due to military deployment, medical reasons, or travel constraints, this document allows your partner to proceed with the application. Parents or guardians must provide this affidavit when consenting to a minor's marriage in states that permit underage marriage with parental approval. Some jurisdictions require this document when one party has a legal disability or when previous marriages create additional consent verification requirements. International marriages often necessitate this affidavit to satisfy foreign country documentation standards.
Key legal considerations
The affidavit must contain specific elements to be legally valid. Your personal identification information, including full legal name, address, and relationship to the marriage parties, must be accurate and complete. The consent declaration must be explicit and unambiguous, clearly stating your agreement to the proposed marriage. You must sign the document under penalty of perjury, meaning false statements can result in criminal charges. The document requires proper notarization by a licensed notary public who will verify your identity and witness your signature. Some states mandate additional witnesses beyond the notary, and certain jurisdictions require specific language or formatting to meet legal standards.
Legal requirements in United States
Each state has distinct marriage consent requirements that govern affidavit validity. Most states require the affiant to be of legal age and sound mental capacity when executing the document. Notarization must comply with state notary public laws, including proper identification verification and use of official seals. Some states impose time limits on affidavit validity, requiring execution within specific timeframes before the marriage ceremony. States with parental consent requirements typically specify age thresholds and may require both parents' consent or court approval in certain circumstances. Federal law recognizes valid state marriages, but interstate marriage recognition can involve additional documentation requirements when moving between jurisdictions.
Governing law
Applicable law
This Affidavit Of Marital Consent is drafted to comply with England and Wales law. Key legislation includes:
- Marriage Act 1949: Sets out the legal requirements for a valid marriage in England and Wales, including consents required for persons under 18 (now superseded for domestic marriages) and the general framework for lawful marriage.
- Marriage and Civil Partnership (Minimum Age) Act 2022: Raised the minimum age for marriage and civil partnership in England and Wales to 18, meaning parental consent for under-18s is no longer required as they can no longer legally marry.
- Perjury Act 1911: Applies to any sworn affidavit of marital consent; a false sworn statement of consent is a criminal offence in England and Wales.
- Oaths Act 1978: Governs the administration of oaths and affirmations in England and Wales, which must be complied with when swearing a marital consent affidavit before an authorised person.
- Matrimonial Causes Act 1973: Governs divorce and nullity proceedings in England and Wales and is relevant where the validity of consent to marriage is later disputed.
