Marriage Affidavit Template for England and Wales

A Marriage Affidavit is a sworn statement that legally declares your eligibility to marry under United States law. This notarized document serves as official proof that you meet all legal requirements for marriage, including age, mental capacity, and the absence of existing marital obligations. You'll need this document when applying for marriage-based immigration benefits, proving single status for international marriages, or satisfying specific state requirements before obtaining a marriage license.

When do you need this document?

You'll typically need a Marriage Affidavit when applying for a K-1 fiancé visa or marriage-based green card, as immigration authorities require sworn proof of your legal capacity to marry. Many states also require this document when one or both parties are foreign nationals seeking a marriage license. If you're planning to marry abroad, your destination country may require a Marriage Affidavit from the United States to verify your single status. Additionally, some states mandate this affidavit when there are questions about previous marriages or when standard documentation is unavailable.

Key legal considerations

Your Marriage Affidavit must include accurate personal information for both parties, including full legal names, addresses, dates of birth, and citizenship status. You must declare any previous marriages and provide details about their legal dissolution, including divorce decrees or death certificates. The document requires sworn statements about your mental capacity to enter marriage and confirmation that you're not related to your intended spouse within prohibited degrees of kinship. False statements in a Marriage Affidavit constitute perjury and can result in criminal charges, immigration consequences, and invalidation of your marriage. All signatures must be notarized by a licensed notary public, and some jurisdictions require additional witnesses.

Legal requirements in United States

Under federal law, your Marriage Affidavit must comply with the Defense of Marriage Act provisions and Obergefell v. Hodges ruling, ensuring equal treatment for all marriages regardless of gender. For immigration purposes, the document must meet Immigration and Nationality Act requirements, including specific declarations about the validity and bona fides of your intended marriage. State laws vary significantly regarding minimum age requirements, with most states setting the age at 18 but allowing younger individuals to marry with parental or judicial consent. Many states impose waiting periods between obtaining a marriage license and performing the ceremony, which may affect the timing of your affidavit. The Full Faith and Credit Clause ensures that marriages and related affidavits from one state are recognized in all other states, but you should verify specific requirements in your state of residence and the state where you plan to marry.