Affidavit of Marriage

An affidavit of marriage is a sworn legal document in which one or more people testify under oath about the existence and validity of a marriage. This document is typically used when a couple needs to prove their marital status but lacks traditional documentation like a marriage certificate (common situations include lost or destroyed certificates, marriages performed in foreign countries, or marriages that occurred many years ago without proper registration). The affidavit is signed before a notary public or other authorized official and includes details such as the spouses' names, the date and location of the marriage, and the relationship of the person making the statement (affiant) to the couple.

When to use an affidavit of marriage

An affidavit of marriage should be used in specific situations where formal proof of marriage is required but the original marriage certificate is unavailable, insufficient, or needs corroboration. The most common scenarios include the following:

1. When official documentation is missing or inadequate: This includes cases where the marriage certificate has been lost, destroyed, or damaged beyond use; when the marriage occurred in a foreign country and the certificate needs translation or additional validation for U.S. purposes; when marriages were performed decades ago and records were never properly filed or have been lost by the issuing authority; or when informal or common law marriages need legal recognition and documentation.
2. For immigration purposes: Affidavits of marriage are frequently required in immigration proceedings, particularly for spousal visa applications (K-1, CR-1, IR-1) where USCIS may request additional evidence beyond the marriage certificate to establish the bona fide nature of the relationship.
3. Acquiring government benefits: Marriage affidavits may be used when applying for Social Security survivor benefits, veterans' spousal benefits, or other government programs that require proof of marital status. 
4. Estate and probate matters: Affidavits of marriage may be needed for estate and probate matters when a surviving spouse must establish their legal relationship to claim inheritance rights or handle the deceased spouse's affairs, for insurance claims where beneficiaries need to prove spousal status, for property transactions involving jointly owned real estate, or when updating legal documents like deeds or titles to reflect marital status. In these situations, the affidavit typically comes from third-party witnesses (friends, family members, clergy who performed the ceremony) or from the spouses themselves, sworn under penalty of perjury and notarized to provide legal weight to the testimony.

Affidavit of marriage help guide

Your affidavit of marriage will act as your sworn statement that you were validly married on the date and at the location specified. Whenever both spouses are available, we recommend that they both include their information and sign the affidavit.

To complete the affidavit, enter the current full legal name or names of the spouses involved. When entering in the addresses, be sure to use the address where the spouse currently lives.

The most important pieces of information are the date and place of marriage. Try to be as accurate as possible when entering in these items. The place of marriage is wherever the spouses signed the original certificate of marriage. In most states, there would have had to be some type of officiate at the ceremony, such as a priest or judge.

The final step is to sign the document in the presence of a notary public. If both spouses are signing, they must both sign it in the notary's presence or have it separately notarized. After that, your affidavit is complete.