Third Party Affidavit Of Bona Fide Marriage Template for New Zealand

A Third Party Affidavit Of Bona Fide Marriage is a sworn statement from someone who knows you and your spouse personally, testifying to the authenticity of your marriage relationship. This document carries significant legal weight under New Zealand law and serves as independent verification that your marriage is genuine rather than a marriage of convenience.

When do you need this document?

You'll typically need this affidavit when applying for partnership-based visas under the Immigration Act 2009, particularly for residence or work visa applications where Immigration New Zealand requires proof of a genuine relationship. Courts may also request this document during family proceedings, property disputes, or inheritance matters where the validity of your marriage is questioned. The document is especially valuable when other evidence of your relationship is limited or when immigration officers need additional assurance about the authenticity of your marriage.

Key legal considerations

The affiant must have personal knowledge of your relationship and be able to provide specific examples of your marriage's genuine nature. Under the Crimes Act 1961, making false statements in an affidavit constitutes perjury, which can result in up to seven years imprisonment. The document must include detailed observations about how long the affiant has known you both, specific instances that demonstrate your genuine relationship, and facts about your shared life together. The affiant should avoid speculation or hearsay, focusing only on what they have personally witnessed or experienced.

Legal requirements in New Zealand

Under the Oaths and Declarations Act 1957, the affidavit must be sworn or affirmed before an authorized person such as a Justice of the Peace, solicitor, or notary public. The document must clearly identify the affiant, include their relationship to you both, and provide specific examples supporting the marriage's authenticity. Immigration New Zealand typically requires affiants to be New Zealand citizens or residents who have known you for a substantial period. The Marriage Act 1955 and Family Proceedings Act 1980 provide the framework for what constitutes a valid marriage, and your affidavit should demonstrate compliance with these legal standards. The Evidence Act 2006 governs how this sworn statement can be used in legal proceedings, making proper execution crucial for its admissibility.