The Marriage Affidavit Form is a crucial legal document required in Australian marriage proceedings to establish the eligibility and identity of persons intending to marry. This sworn statement is mandatory under the Marriage Act 1961 and associated regulations, serving as a formal declaration of personal details, marital status, and legal capacity to marry. The affidavit helps prevent fraudulent marriages and ensures compliance with Australian marriage laws. It must be completed before an authorized witness and may require various supporting documents depending on the deponent's circumstances, such as proof of identity, divorce papers (if previously married), or immigration status documents for non-citizens. The Marriage Affidavit Form is particularly important in cases involving international marriages, previous marriages, or where there might be questions about the legal capacity to marry.
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1. Deponent Details: Full legal name, date of birth, current address, and occupation of the person making the affidavit
2. Oath/Affirmation Statement: Standard opening statement declaring that the contents are true and correct
3. Personal Information: Detailed personal information including place of birth, citizenship status, and current marital status
4. Marriage Eligibility Declaration: Declaration confirming legal eligibility to marry, including being of marriageable age and not currently married
5. Identity Verification: Statement confirming identity documents presented and their authenticity
6. Relationship Status Declaration: Declaration about current relationship status and absence of legal impediments to marriage
7. Truth and Accuracy Declaration: Final declaration confirming all information provided is true and accurate
8. Signature Block: Space for deponent's signature, date, and witness details
1. Previous Marriage Details: Required if previously married, including details of divorce or death of former spouse
2. Foreign Citizenship Statement: Required for non-Australian citizens, including visa status and right to marry in Australia
3. Parental Consent: Required for persons aged 16-18 years seeking to marry with court and parental permission
4. Interpreter Declaration: Required when an interpreter has been used in preparing the affidavit
5. Name Change Declaration: Required if the deponent has ever changed their legal name
1. Schedule A - Identity Documents: Copies of passport, driver's license, or other approved identity documents
2. Schedule B - Birth Certificate: Copy of official birth certificate or extract
3. Schedule C - Previous Marriage Documents: If applicable, divorce decree absolute or death certificate of former spouse
4. Schedule D - Immigration Documents: For non-citizens, copies of visa or permanent residence documentation
5. Schedule E - Name Change Documents: If applicable, official documentation of name changes
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