Marriage Affidavit Form Template for New Zealand

A Marriage Affidavit Form is a sworn legal declaration that you must complete before applying for a marriage license in New Zealand. This document serves as your formal statement confirming that you are legally eligible to marry and that there are no impediments preventing your marriage from proceeding under New Zealand law.

When do you need this document?

You must complete a Marriage Affidavit Form whenever you apply for a marriage license in New Zealand, regardless of whether you are a citizen or foreign national. The form is required for all marriages conducted in New Zealand, including civil ceremonies, religious ceremonies, and marriages performed by celebrants. If either party has been previously married, divorced, or widowed, additional documentation must accompany the affidavit. Foreign nationals may need to provide additional proof of their single status or divorce documentation from their home country, properly translated and authenticated.

Key legal considerations

The affidavit contains several critical declarations that carry legal consequences if falsified. You must accurately declare your current marital status, including details of any previous marriages and how they ended. The document requires confirmation of your legal capacity to marry, meaning you are at least 18 years old or have obtained necessary consents if you are 16 or 17. You must also declare that you are not related to your intended spouse within the prohibited degrees of relationship as defined by New Zealand law. False declarations in this sworn document constitute perjury, which is a serious criminal offense. The affidavit must be properly witnessed by an authorized person such as a Justice of the Peace, solicitor, or notary public.

Legal requirements in New Zealand

Under the Marriage Act 1955 and the Births, Deaths, Marriages, and Relationships Registration Act 1995, your Marriage Affidavit Form must meet specific statutory requirements. The document must include your full legal name as it appears on official identification, your date of birth, current address, and occupation. You must provide documentary evidence of your identity, typically a passport or birth certificate. If you have been previously married, you must provide evidence that the marriage has legally ended through divorce decree absolute or death certificate. The Marriage (Definition of Marriage) Amendment Act 2013 allows marriage between any two people regardless of gender, which affects the language used in current affidavit forms. Foreign nationals may need to obtain a Certificate of No Impediment from their home country's authorities, depending on their nationality and the specific requirements of the New Zealand marriage celebrant or registrar.