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Marriage Affidavit for Switzerland

Marriage Affidavit Template for Switzerland

A Marriage Affidavit is a legally binding sworn statement required under Swiss law for marriage registration purposes. This document contains detailed personal declarations regarding an individual's eligibility to marry, including their civil status, legal capacity, and absence of marriage impediments. Governed by the Swiss Civil Code and Civil Status Ordinance, it serves as a formal verification of marriage prerequisites and must be executed before authorized officials. The document is particularly crucial in cases involving international marriages or when one or both parties are non-Swiss citizens, requiring compliance with both Swiss and international legal frameworks.

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Marriage Affidavit

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What is a Marriage Affidavit?

A Marriage Affidavit is a crucial document in the Swiss marriage registration process, particularly when international elements are involved. This sworn statement is required by Swiss civil registry offices (Zivilstandsamt) to verify that all legal prerequisites for marriage are met. The document typically includes declarations about the deponent's identity, civil status, legal capacity to marry, and absence of marriage impediments. It must comply with the Swiss Civil Code and Civil Status Ordinance requirements and is often needed when one or both parties are foreign nationals, when previous marriages exist, or when special circumstances need to be documented. The affidavit must be executed before authorized officials and may require official translation into one of Switzerland's official languages.

What sections should be included in a Marriage Affidavit?

1. Declaration Opening: Formal opening stating this is a sworn affidavit, including date and location of declaration

2. Deponent Details: Full legal name, date of birth, place of birth, current address, and nationality of the person making the affidavit

3. Identity Confirmation: Details of official identification documents (passport/ID numbers, issuing authority, validity)

4. Civil Status Declaration: Current civil status (single, divorced, widowed) with relevant details and dates

5. Legal Capacity: Declaration of legal capacity to marry under both Swiss law and law of origin

6. Marriage Impediments: Sworn statement that no legal impediments to marriage exist (e.g., existing marriage, close family relationship)

7. Prior Marriages: Information about any previous marriages and their termination if applicable

8. Residence History: Declaration of current residence and any relevant residence history

9. Truth Declaration: Formal statement confirming all information provided is true and accurate

10. Signature Block: Space for signature, date, and official witness/notary attestation

What sections are optional to include in a Marriage Affidavit?

1. Children Declaration: Required if either party has children from previous relationships, declaring custody arrangements and obligations

2. Immigration Status: Required for non-Swiss citizens, declaring current immigration status and right to remain in Switzerland

3. Name Declaration: Required if either party intends to change their name upon marriage

4. Property Declaration: Optional section declaring pre-marital assets if relevant for marriage registration

5. Religious Requirements: Required if the marriage involves specific religious considerations that need official acknowledgment

What schedules should be included in a Marriage Affidavit?

1. Document Copies: Certified copies of identification documents, birth certificates, and other supporting documentation

2. Prior Marriage Evidence: If applicable, divorce decrees or death certificates from previous marriages

3. Residence Proof: Documentation proving current residence status and history

4. Translation Certificates: Official translations of any documents not in an official Swiss language

5. Criminal Record Certificates: If required, certificates showing clean criminal record from relevant jurisdictions

Authors

Alex Denne

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

Jurisdiction

Switzerland

Document Type

Affidavit

Cost

Free to use
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