Spouse Affidavit Template for England and Wales

A spouse affidavit is a sworn written statement by one spouse (or civil partner) attesting to facts about their marriage or relationship. It's commonly required in immigration applications to evidence a genuine relationship, in court proceedings where the marital status of a party is in issue, or in property transactions where a spouse's consent to a dealing is needed.

An affidavit must be sworn before an authorised person: a solicitor who holds a current practising certificate, a commissioner for oaths, or a court officer. The witness must personally administer the oath or affirmation, verify the deponent's identity, and complete the jurat (the attestation clause at the end of the affidavit) before signing and dating it.

The affidavit should state the full names and dates of birth of both spouses, the date and place of marriage or civil partnership, details supporting the genuineness of the relationship (shared address, joint finances, children), the purpose for which the affidavit is made, and the deponent's signature. It must comply with CPR 32 PD 5 format requirements for use in civil proceedings.

A spouse affidavit is one type of supporting evidence but the Home Office typically requires a combination of documents, including the original marriage certificate, evidence of cohabitation, and correspondence addressed to both spouses at the same address. A spouse affidavit alone is unlikely to be conclusive; it supplements rather than replaces documentary evidence of the marriage.

A false sworn statement in an affidavit is perjury under the Perjury Act 1911, carrying a maximum sentence of seven years' imprisonment. In immigration proceedings, providing false information can result in refusal of the application, removal from the UK, and a ban on future applications. Courts may also impose costs sanctions where false affidavits delay or disrupt proceedings.

An affidavit sworn in England and Wales may be used in foreign proceedings if it is properly apostilled under the Hague Convention on Apostilles (UK acceded 1965). The apostille authenticates the signature of the English solicitor or commissioner who witnessed the oath, making it acceptable to courts and authorities in other Convention countries.

An affidavit is sworn evidence used in court proceedings; it requires an oath on a holy text or an affirmation before an authorised witness. A statutory declaration is a formal statement made under the Statutory Declarations Act 1835, used for administrative or legal purposes outside court proceedings. The appropriate form depends on the purpose and the instructions of the requesting authority.

There is no statutory expiry period for an affidavit, but courts and immigration authorities may decline to rely on an affidavit that is very old if the facts it attests to may have changed. Home Office guidance typically requires supporting documents to be recent, usually within six to twelve months of the application date, so affidavits prepared significantly earlier may need updating.