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Affidavit of Marriage

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Updated July 15, 2025

An affidavit of marriage is a sworn statement that serves as legal proof of a valid marriage. Typically affidavits are used to verify a marriage when a marriage certificate goes missing. This is a quicker means of establishing the legality of a marriage than waiting weeks for a replacement certificate.

When to Use an Affidavit of Marriage

An affidavit of marriage may be useful in:

  • Custody proceedings
  • Divorce proceedings
  • Changing your name
  • Applying for spouse’s healthcare coverage
  • Estate planning matters
  • Immigration matters

Key Elements to Include

An affidavit of marriage should include:

  • Title
  • Names of spouses
  • Statement of truth
  • Facts of the marriage
  • Signatures of two parties
  • Notary signature

How to Obtain an Affidavit of Marriage (3 steps)

1. Determine Who Will Sign

Woman signing document with pen.

Either both spouses sign the affidavit, or one spouse and a third party who was present at the marriage sign the affidavit. One reason the latter arrangement could be necessary is if a marriage needs to be verified while one spouse is out of the country. If a third party signs instead of both spouses, the affidavit should include the affiant’s name and a description of the affiant’s relationship with both spouses.

2. Complete Affidavit

Signed affidavit with pen.

Download a template for an affidavit of marriage and complete the blank fields.

3. Sign in the Presence of a Notary

Woman signing document next to male notary public.

Both affiants must sign the affidavit in the presence of a notary public, who will also be required to sign the form. Both affiants should take photo identification to the appointment with the notary.

Sample Affidavit of Marriage

AFFIDAVIT OF MARRIAGE

We, the undersigned, attest to the following facts:

On the [DAY] of [MONTH], in the year [YEAR], in [STATE OR COUNTRY IF OUTSIDE U.S.], [SPOUSE’S NAME] was legally and ceremonially married to [OTHER SPOUSE’S NAME].

There is no legal impediment to the marriage, including, but not limited to, a prior marriage of either party that has not been legally terminated by death or divorce. This marriage is valid and can only be terminated by death or divorce.

We certify under penalty of perjury that this information is true and correct.

__________________________________

Signature of Spouse

[PRINTED NAME]

__________________________________

Signature of Spouse

[PRINTED NAME]

Subscribed and sworn before me this [DAY] of [MONTH], [YEAR]

_________________________________________

Notary Signature

My commission expires: [DATE]