Affidavit Of No Marriage Template for England and Wales
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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.
Frequently Asked Questions
What is an affidavit of no marriage used for in England and Wales?
It is a sworn statement confirming that a person has never been married, or has no subsisting marriage. It is commonly used in visa applications, foreign marriage procedures, pension or benefit claims, and estate administration where marital status must be formally established.
Does the affidavit cover civil partnerships as well as marriages?
Not automatically. Marriage and civil partnership are separate legal statuses in England and Wales. If the requesting authority wants confirmation of both, the affidavit should address each explicitly. Check the specific requirements before drafting the document.
Can a divorced person swear an affidavit of no marriage?
A divorced person has no subsisting marriage, so they can confirm they are not currently married. However, if the affidavit asks whether the person has ever been married, they must disclose the previous marriage. It is important to read the request carefully to avoid inadvertent misrepresentation.
How is the affidavit sworn in England and Wales?
The deponent signs the document before a solicitor, commissioner for oaths, or court officer who administers the oath or affirmation. The witness must confirm the deponent's identity. Most solicitors provide this service for a modest fee of around 5 to 15 pounds.
Is an affidavit of no marriage accepted by foreign embassies and consulates?
Many embassies and consulates accept a sworn affidavit as evidence of single status. Some countries require it to be apostilled under the Hague Convention 1961. Check with the specific embassy or authority whether apostille certification is needed alongside the affidavit.
What evidence should I bring when swearing this affidavit?
Bring a current passport or driving licence for identity verification. If you have been previously married and are now divorced or widowed, bring the decree absolute or death certificate. These documents help the commissioner for oaths confirm the accuracy of the sworn statement.
What happens if there is a foreign marriage that was not registered in England and Wales?
A valid foreign marriage is generally recognised in England and Wales under private international law. You cannot truthfully swear you have never been married if you have been validly married abroad, even if that marriage was not registered in England and Wales.
How does GenieAI's template help with this affidavit?
GenieAI's template covers the key declarations about marital status, the relevant period, and the sworn statement required under England and Wales law. It prompts you to address civil partnerships and foreign marriages separately. You still need a solicitor or commissioner for oaths to witness the signature.
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:
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