What is a Affidavit Of No Marriage?
An affidavit of no marriage is a sworn statement confirming that a person has never been married or has no subsisting marriage at the relevant date. In England and Wales it is most often required for foreign marriage applications, visa purposes, pension claims, and estate administration. The document is sworn before a solicitor or commissioner for oaths, and any knowingly false declaration is a criminal offence under the Perjury Act 1911. Civil partnership status may need to be addressed separately depending on the context.
About the Affidavit Of No Marriage
An Affidavit of No Marriage is a crucial legal document that provides sworn testimony about your single status when you need official proof that you have never been married. This notarized declaration serves as legally binding evidence in situations where traditional marriage records cannot establish your marital history, and it carries the full weight of federal and state perjury laws.
When do you need this document?
You typically need an Affidavit of No Marriage for immigration proceedings, particularly when applying for fiancé visas or family-based immigration benefits where proof of single status is required. Legal proceedings such as adoption cases, estate matters, or international business transactions may also require this documentation. Additionally, some employers, government agencies, or foreign institutions may request proof of single status for security clearances, international assignments, or educational programs abroad.
Key legal considerations
The affidavit must contain specific elements to be legally valid, including your full legal name, date of birth, current address, and a clear declaration that you have never been married in any jurisdiction worldwide. The purpose section must explain why you are making this declaration, as this affects the legal standards applied. Most importantly, you must sign the document under penalty of perjury, meaning false statements can result in criminal charges under both federal and state laws. The notarization requirement ensures the document meets legal standards for sworn statements and provides additional authentication.
Legal requirements in United States
Under federal law, the affidavit must comply with Immigration and Nationality Act requirements if used for immigration purposes, and the Full Faith and Credit Clause ensures recognition across state lines. State-specific requirements vary regarding notary procedures, with some states requiring witnesses in addition to notarization. The notary public must be properly licensed in the state where the document is executed and must verify your identity using acceptable forms of identification as defined by state law. Documentation standards require that you maintain copies of supporting identification and understand that the affidavit becomes part of the official record in legal proceedings where it is submitted.
Governing law
Applicable law
This Affidavit Of No Marriage is drafted to comply with England and Wales law. Key legislation includes:
- Perjury Act 1911: A sworn affidavit in England and Wales carries criminal liability for false statements; swearing falsely that one has never married constitutes perjury, which carries up to seven years imprisonment.
- Marriage Act 1949: The primary statute governing the formation of valid marriages in England and Wales; its provisions on eligibility and registration are relevant to confirming the absence of an existing or previous marriage.
- Marriage (Same Sex Couples) Act 2013: Extended marriage rights to same-sex couples in England and Wales; an affidavit of no marriage covers marriage under this Act as well as the Marriage Act 1949.
- Civil Partnership Act 2004: Established civil partnerships as a distinct legal status; an affidavit of no marriage may need to address civil partnership status separately if the requesting authority requires it.
- Matrimonial Causes Act 1973: Governs divorce and nullity of marriage; its provisions on void and voidable marriages are relevant where a person asserts no subsisting marriage exists.
