The Affidavit of Legal Capacity to Contract Marriage is a crucial document in the Dutch marriage process, particularly when one or both parties are foreign nationals. This legal instrument, mandated by Dutch civil law, provides formal confirmation that an individual has the legal capacity to enter into marriage within the Netherlands. The document typically includes personal information, marital status declarations, and confirmations regarding legal impediments. It must be properly executed before authorized officials and may require legalization or an apostille for international recognition. The affidavit serves as a key component in the marriage application process, helping Dutch authorities ensure compliance with marriage regulations and prevent fraudulent marriages.
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1. Declaration Header: Formal opening stating this is an Affidavit of Legal Capacity to Contract Marriage, including the date and jurisdiction (Netherlands)
2. Declarant Information: Full legal name, date and place of birth, current address, nationality, and passport/ID details of the person making the declaration
3. Marital Status Declaration: Clear statement of current marital status (never married, divorced, or widowed)
4. Legal Age Confirmation: Declaration confirming that the declarant is of legal age to marry in the Netherlands (18 years or older)
5. Legal Impediments: Declaration that there are no legal impediments to marriage (such as close family relationships or existing marriages)
6. Mental Capacity: Statement confirming sound mind and full understanding of the nature of marriage
7. Free Consent: Declaration that the marriage will be entered into freely and without coercion
8. Truth Declaration: Formal statement that all information provided is true and correct
9. Signature Block: Space for declarant's signature, date, and place of signing
1. Previous Marriage Details: Required when previously married, including details of divorce or death certificate
2. Parental Consent: Required for those aged 18-20 who need parental consent under their home country's laws
3. Religious Declaration: Optional section for declaring any religious requirements or restrictions relevant to the marriage
4. Translation Certification: Required when the document needs to be used in non-Dutch speaking jurisdictions
5. Residency Declaration: Required when establishing residency status is relevant to the marriage application
1. Identity Documents: Certified copies of passport, birth certificate, and other identification documents
2. Supporting Evidence: Relevant certificates such as divorce decree or death certificate of previous spouse if applicable
3. Certificate of No Impediment: If required, official document from home country stating no legal barriers to marriage
4. Apostille Attachments: Any required apostille or legalization certificates for international recognition
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