- https://www.edrafter.in/affidavit-for-marriage-certificate-online/
Summary
A marriage affidavit is a sworn legal statement used to officially validate a couple’s personal details, marital status, and mutual consent before the marriage registrar. It acts as an important preliminary step in the marriage registration process and helps verify the authenticity of the union under Indian law. Once issued, a marriage affidavit becomes essential for several official requirements, including applying for a passport, visa processing, updating government records, and completing other documentation where proof of marriage is required.
Marriage Affidavit vs Marriage Certificate
It is essential to understand the difference between a marriage affidavit and a marriage certificate. They serve distinct purposes in the legal process of marriage.
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| Aspect | Marriage Affidavit | Marriage Certificate |
|---|---|---|
| Issued by | Sworn and attested by a Notary Public or Magistrate. | Issued by the Government (Marriage Registrar/Sub-Registrar). |
| Purpose | To declare eligibility, facts, and consent before registration. | To serve as the final, conclusive proof of the registered legal union after the ceremony. |
| Legal Importance | Declaration of facts and proof of eligibility, required for the registrar's due diligence. | Primary and permanent legal record of the marriage, required globally. |
| Time | Created and notarized within 1–2 hours. | Issued typically 15–60 days after the marriage registration application (to allow for public objections). |
What is Marriage Affidavit?
A Marriage Affidavit is a legally sworn declaration made by one or both partners to confirm essential facts about their marriage, identity, age, marital status, and eligibility to marry. It is commonly required for marriage registration under laws such as the Hindu Marriage Act or the Special Marriage Act.
This affidavit is signed before an authorised officer or notary, making it a formal and legally binding statement. Since it serves as preliminary evidence for issuing a marriage certificate, any false declaration can lead to legal penalties under the Indian Penal Code.
Purpose of a Marriage Affidavit
The primary purpose of a marriage affidavit is to formalise and authenticate the information necessary for a successful marriage registration. The affidavit is a vital instrument for preventing fraud and ensuring compliance with the law.
- Serves as Proof of Voluntary Consent: The affidavit is required to confirm that both parties are entering the union freely, without coercion or duress.
- Verifies Identity, Age, and Status: It is used to verify the age of the bride and groom legally, their current marital status (single, divorced, or widowed), and their current addresses, which is essential for determining eligibility.
- Required for Marriage Registration: It is a mandatory document for the registrar to proceed with the legal process under the Hindu Marriage Act or the Special Marriage Act.
- Used for Obtaining a Marriage Certificate: The notarised affidavit is included in the final application set, allowing the registrar to initiate issuance of the permanent marriage certificate.
Documents Required for a Marriage Affidavit
To create and notarise the affidavit for a marriage certificate, the applicants must gather several key identity and status proofs. [1]
- Identity Proof and address proof of Both Partners.
- Documents like a Birth Certificate or 10th/12th Mark Sheet are required to prove that both parties meet the minimum legal age for marriage.
- Recent passport-size photographs of both the bride and the groom are typically affixed to the affidavit.
- Divorce decree or death certificate of the previous spouse, if either party has been previously married.
How to Make a Marriage Affidavit Online?
The process for creating a marriage affidavit has been streamlined through digital platforms, simplifying drafting and notarization.
- Visit an Approved Legal Portal: Begin by visiting a verified online legal documentation portal that offers affidavit services.
- Choose the Affidavit Template: Select the specific "Individual Affidavit for Marriage Registration" or "Joint Affidavit" template and fill in all the required information of both partners.
- Upload ID Proofs and Review Draft: Upload clear images of your required ID proofs. The legal team drafts the final affidavit format for marriage registration and sends it to you for confirmation.
- Choose E-Stamp Paper and Notarize: Select the required value of e-stamp paper. The service then coordinates the legal notarization process, which may be conducted digitally or in person, depending on the state and legal requirements.
- Receive and Use the Affidavit: The final, notarised document is delivered to you, ready to be submitted to the Sub-Registrar's Office to secure your final marriage certificate.
Marriage Affidavit Format
A typical marriage affidavit format follows a rigid legal structure to ensure all necessary declarations are made and verified.
AFFIDAVIT OF MARRIAGE
I, [Full Name], aged [Age] years, son/daughter of [Father’s/Mother’s Name], residing at [Full Address], do hereby solemnly affirm and declare as follows:
1. Personal Details
- That I am a citizen of India and currently residing at the address mentioned above.
- That my date of birth is [DD/MM/YYYY].
2. Spouse Details
- That I am legally married to [Spouse’s Full Name], aged [Age], son/daughter of [Father’s/Mother’s Name], residing at [Spouse’s Full Address].
- That the marriage was solemnized on [Date of Marriage] at [Place of Marriage] according to [Religion/Custom/Civil Ceremony].
3. Marriage Confirmation
- That our marriage was performed in the presence of family members, relatives, and witnesses.
- That this affidavit is being made to declare and confirm the fact of our marriage for [purpose — e.g., visa application, passport update, bank records, insurance, legal formalities].
4. Declaration
I hereby declare that the facts stated above are true and correct to the best of my knowledge and belief. I understand that I am legally responsible for the accuracy of the information provided in this affidavit.
Place: ___________________
Date: ____________________
Deponent
(Signature)
[Full Name]
Verification
I, [Name of Deponent], the above-named deponent, do hereby verify that the contents of this affidavit are true and correct to my knowledge and nothing has been concealed.
Signature: ____________________
How NoBroker Can Help You Create a Marriage Affidavit
To make securing your legal status easier, NoBroker offers a modern solution. Our service simplifies the entire marriage affidavit process online. We ensure that your document is drafted by legal experts, perfectly tailored to the court marriage vs registered marriage requirement, and printed on the correct e-stamp paper. By handling the legal formalities and offering a seamless, digital experience, NoBroker helps you quickly obtain the notarised affidavit required for your marriage registration.
