Affidavit of Marriage
Need sworn proof that a couple is married?
Includes 30 days of edits
- 5 to 20 minutes
- Print-ready PDF
What is an Affidavit of Marriage?
An affidavit of marriage is a written statement, signed under oath in front of a notary public, confirming that two people are legally married to each other. It typically states when and where the marriage took place, who performed it, whether a marriage certificate exists, the couple's current address and any earlier marriages and how they ended.
The affidavit can be signed by one or both spouses, or by a third party such as a relative or close friend who knows the couple and can vouch for the marriage. Third-party affidavits are often used to support immigration petitions, where they help show that a marriage is genuine, or to fill a gap when an official marriage record is missing, delayed or hard to obtain.
Because it is sworn, an affidavit carries legal weight: the person signing it can face penalties for knowingly making false statements. It supplements official records rather than replacing them; an agency or company may still ask for a certified marriage certificate. This document includes a venue caption, numbered sworn statements, the purpose of the affidavit and a notary jurat.
When to use it
- You are adding a spouse to health insurance, a pension or other employer benefits and the plan asks for proof of marriage.
- A friend or relative has been asked to provide a sworn statement supporting a marriage-based immigration case.
- Your marriage certificate is lost, delayed or held by an office abroad and you need interim proof.
- You are updating a name, tax filing status or government record and need a sworn statement of marital status.
- A bank, landlord or other institution asks you to confirm a marriage in writing under oath.
What is included
- Venue caption for the state and county where it is signed
- Identity of the affiant: one spouse, both spouses or a third party
- Date, place and type of ceremony and the officiant
- Marriage certificate details or an explanation if none is available
- Current address and whether the spouses live together
- Previous marriages and how they ended
- Children of the marriage
- Third-party basis of knowledge and relationship to the couple
- Stated purpose of the affidavit
- Oath statement, signature lines and notary jurat
How to make your Marriage Affidavit
Answer the questions
Tell us about the parties and the terms you want. Most documents take about 5 to 20 minutes.
Review the preview
Check the draft as you go and change any answer. The document updates instantly.
Download, sign and keep a copy
Download a print-ready PDF, sign it with the other parties, and give everyone a copy.
Frequently asked questions
What is an affidavit of marriage used for?
It is used to confirm under oath that two people are married. Common uses include enrolling a spouse in health insurance or employer benefits, supporting a marriage-based immigration case, updating government records, and providing interim proof when a marriage certificate is unavailable.
Does an affidavit of marriage replace a marriage certificate?
No. A marriage certificate is the official record of a marriage issued by a government office. An affidavit is supporting evidence. Many agencies and companies accept an affidavit in limited situations, but they may still require a certified copy of the certificate.
Who can sign an affidavit of marriage?
Either spouse, both spouses together, or a third party with personal knowledge of the marriage, such as a family member, friend or someone who attended the wedding. A third party should explain how they know the couple and what they have personally observed.
Does the affidavit need to be notarized?
An affidavit is a sworn statement, so it is normally signed in front of a notary public or another official authorized to give oaths. Do not sign it until you are in front of the notary. Some recipients accept an unsworn declaration made under penalty of perjury instead, so check what the requesting office requires.
What should a third-party affidavit for immigration include?
It typically includes the affiant's full name, address and contact information, how and how long they have known the couple, specific facts they have personally observed about the relationship, and whether they attended the wedding. Specific, first-hand details are far more persuasive than general statements.
What happens if something in the affidavit is not true?
Knowingly making a false statement in a sworn affidavit can be perjury and may lead to criminal penalties, as well as denial of the benefit or application. Only include facts you know to be true, and say so when something is based on your belief rather than personal knowledge.
Can we use this affidavit for a common-law marriage?
Only a small number of states recognize common-law marriage, and each has its own requirements. Some offer a specific declaration form for informal marriages. If your marriage is a common-law marriage, check the rules of the state where it was formed and what the requesting office will accept.
