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Affidavit In Support Of Marriage Template for England and Wales

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Affidavit In Support Of Marriage

"I need an Affidavit in Support of Marriage for my upcoming marriage in March 2025, where I need to prove that my previous marriage in India was legally dissolved and that I'm free to marry in England."

What is a Affidavit In Support Of Marriage?

The Affidavit in Support of Marriage is a formal document used in England and Wales when additional verification of marriage eligibility is required. It is commonly used in situations involving international marriages, immigration matters, or when documentary evidence of eligibility needs to be formally established. The affidavit includes personal information about the parties, confirms their legal capacity to marry, and declares the absence of any impediments to marriage. It must be sworn before an authorized official and may be required by registrars, immigration authorities, or foreign embassies.

What sections should be included in a Affidavit In Support Of Marriage?

1. Opening Statement: Identifies the deponent and establishes the formal nature of the affidavit including jurisdictional declaration under England and Wales law

2. Personal Details: Full name, address, occupation, date of birth, nationality and other identifying information of the deponent

3. Relationship Declaration: Details about the relationship with the person getting married, including how long known and capacity of knowledge

4. Marriage Eligibility Confirmation: Confirmation of the parties' eligibility to marry including age, mental capacity, and absence of prohibited relationships

5. Truth Declaration: Formal declaration that all statements are true and accurate, acknowledging penalties of perjury

6. Signature Block: Space for signature, witness details, and notarization or commissioner for oaths authentication

What sections are optional to include in a Affidavit In Support Of Marriage?

1. Immigration Status: Required section detailing immigration status, visa details, and right to marry in the UK when the affidavit supports a marriage involving immigration matters

2. Previous Marriage Details: Information about any previous marriages including dates, locations, and how they were terminated (divorce/death)

3. Cultural/Religious Considerations: Specific declarations related to cultural or religious requirements for the marriage ceremony or relationship

What schedules should be included in a Affidavit In Support Of Marriage?

1. Schedule A - Identity Documents: Certified copies of passport, driving license, or other government-issued ID documents

2. Schedule B - Proof of Address: Certified copies of recent utility bills, bank statements, or other proof of residence documents

3. Schedule C - Previous Marriage Documentation: Certified copies of divorce decrees, dissolution certificates, or death certificates if applicable

4. Schedule D - Immigration Documentation: Certified copies of visa, residence permit, or other relevant immigration documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions














Clauses










Industries

Marriage Act 1949: Primary legislation governing marriage in England and Wales, covering basic requirements, procedures, and registration of marriages

Civil Partnership Act 2004: Legislation establishing civil partnerships and relevant provisions for conversion to marriage

Marriage (Same Sex Couples) Act 2013: Legislation legalizing same-sex marriage and establishing related procedures

Immigration and Asylum Act 1999: Relevant for marriages involving non-UK citizens, covering immigration requirements and controls

Marriage of Same Sex Couples Regulations 2014: Detailed regulations regarding conversion of civil partnerships to marriages

Registration of Marriages Regulations 2015: Specific requirements for marriage registration procedures and documentation

Statutory Declarations Act 1835: Governs the making of statutory declarations, relevant for affidavit procedures

Perjury Act 1911: Establishes penalties for false statements in affidavits and legal declarations

Legal Capacity Requirements: Both parties must have mental capacity to understand the nature of marriage and freely consent

Age Requirements: Minimum age of 16 years, with parental consent required for those under 18

Notice Requirements: Mandatory notice periods and procedures for giving notice of marriage

Immigration Status Verification: Requirements for verifying immigration status if one or both parties are non-UK citizens

Previous Marriage Status: Verification that any previous marriages have been legally terminated

Prohibited Relationships: Legal restrictions on marriages between closely related individuals

Witness Requirements: Legal requirements for witnesses in marriage ceremonies and documentation

Teams

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