Marriage Affidavit for New Zealand

Marriage Affidavit Template for New Zealand

A Marriage Affidavit is a formal legal document used in New Zealand's marriage registration process, sworn or affirmed before an authorized person such as a Justice of the Peace or Commissioner for Oaths. The document contains sworn statements about the deponent's personal details, legal capacity to marry, and other relevant information required under the Marriage Act 1955 and related New Zealand legislation. It serves as a crucial piece of documentation in the marriage process, particularly when special circumstances exist such as previous marriages, immigration considerations, or the need for parental consent.

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What is a Marriage Affidavit?

A Marriage Affidavit is a fundamental legal document required in various marriage-related situations in New Zealand. This sworn document is typically used when additional verification of personal circumstances is needed before marriage, when dealing with international marriages, or when special circumstances must be formally declared. The affidavit must comply with New Zealand's Marriage Act 1955 and the Oaths and Declarations Act 1957, containing sworn statements about the deponent's identity, marital status, legal capacity to marry, and any specific circumstances that might affect the marriage registration. It's particularly important in cases involving non-residents, previous marriages, or where additional legal requirements must be met. The document serves as a formal record and legal evidence of the declared circumstances.

What sections should be included in a Marriage Affidavit?

1. Title and Court Reference: Identifies the document as a Marriage Affidavit and includes any relevant court reference numbers

2. Deponent Details: Full legal name, occupation, and residential address of the person making the affidavit

3. Personal Information: Date and place of birth, citizenship/immigration status, and current marital status

4. Relationship Details: Information about the intended marriage, including details about the other party and the planned wedding

5. Legal Capacity Declaration: Declaration confirming legal capacity to marry, including age and current marital status

6. Truthfulness Declaration: Standard declaration of the truth of the contents and understanding of the consequences of false statements

7. Execution Block: Space for signature, date, and details of the person administering the oath/affirmation

What sections are optional to include in a Marriage Affidavit?

1. Previous Marriage Details: Required if previously married, including details of divorce or death of previous spouse

2. Parental Consent: Required for parties aged 16-17, including details of parents/guardians giving consent

3. Immigration Status: Required for non-citizens, detailing visa status and right to remain in New Zealand

4. Name Change Declaration: Required if the deponent has previously changed their name or uses multiple names

5. Cultural/Religious Requirements: Required for specific cultural or religious marriage ceremonies or requirements

6. Interpreter Declaration: Required if an interpreter was used in preparing the affidavit

What schedules should be included in a Marriage Affidavit?

1. Identity Documents: Copies of passport, driver's license, or other official ID

2. Birth Certificate: Copy of official birth certificate or equivalent document

3. Previous Marriage Documents: Divorce decree or death certificate of previous spouse if applicable

4. Immigration Documents: Copies of visa, residence permit, or other immigration status evidence if applicable

5. Name Change Documents: Official documentation of any legal name changes

6. Parental Consent Forms: Signed consent forms from parents/guardians if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Legal Services

Government Administration

Public Services

Religious Services

Immigration Services

Cultural Services

Registry Services

Relevant Teams

Legal

Administrative Services

Registry

Compliance

Document Control

Public Services

Customer Support

Records Management

Relevant Roles

Justice of the Peace

Commissioner for Oaths

Marriage Celebrant

Registry Officer

Immigration Officer

Legal Assistant

Family Lawyer

Court Registrar

Administrative Officer

Legal Secretary

Document Controller

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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