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Affidavit of Marriage

This Agreement is entered by and between Jonas Adam, individually or collectively as the "Signee" and Jane Smith, as the "Signer", together referred to as the "Parties".
The Contract is dated [the date both parties sign].

1. Agreement terms

The Parties agree that the following agreement is dependent on the terms presented as follow:

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Affidavit of Marriage

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What is an Affidavit of Marriage?

An Affidavit of Marriage is a legal document that you can submit to a Court, University, or other institution to prove that you are indeed married. It could come in handy if someone needs to verify their marital information for something like health insurance or an application for a passport, visa, or other government documents like a driver’s license. 

An Affidavit of Marriage needs to be signed in the presence of a licensed Notary Public. With a Notary’s signature, it won’t be able to be considered a legal document

This affidavit is usually needed for legal reasons. Sometime, a government official might need proof of a name change to issue a formal document like a driver’s license. If you’re applying for a joint mortgage with your spouse, you also might need an Affidavit of Marriage.

When do you need an Affidavit of Marriage?

An Affidavit of Marriage is needed any time you are will need legal proof that you are married. Sometimes, you might be able to show a marriage certificate, but other times that won’t be enough proof. 

This document is useful when you are applying for new government paperwork. If you need a passport or a visa, for example, the government is going to want to see proof of why your name changed from how it is legally listed on your driver’s license. 

You might need to show this affidavit when applying for a mortgage. Mortgage applications are complicated and lengthy. If you’re applying with your spouse, an Affidavit of Marriage will be helpful. 

What if you don’t complete an Affidavit of Marriage?

If you don’t have an Affidavit of Marriage, you could be facing a lot of red tape. For example, if you are trying to join your spouse’s healthcare plan, you might not be able to do so easily without showing proof that you are married. You might find it quite difficult to get a mortgage or even sign up for a joint bank account without having an Affidavit of Marriage. If you are applying for a new driver’s license with a new last name that is different from your last driver’s license, you will need to show the DMV proof of your marriage, and an Affidavit of Marriage can be that proof.

How do you fill out an Affidavit of Marriage?

Any legal document can be complicated to fill out. You might want to check out a sample affidavit before you make the effort to fill out this form. Many samples are available online. Don’t forget that each state is going to have its own regulations. Before making your Affidavit of Marriage legal, ensure that you’re following your specific state laws. 

After you look online at samples, you’ll want to move forward and obtain an official Affidavit of Marriage form. If you’ve hired an attorney, he can give you this form. Or, you can always find the form online.

Things are coming together now that you have the form. Move ahead to the next step. Any time you fill out legal forms, you’ll need to fill in a lot of basic information about yourself. In this case, it’ll be for both you and your spouse. You’ll need full, legal names, birth dates, and place of residency. Don’t forget, when you’re done, you will need to sign the form in the presence of a notary. Don’t sign the form without a notary, as the document will not be considered legal. 

Anytime you work with a notary, you’ll need to show photo identification to the notary before you sign any paperwork, as the notary needs to verify your identity. A passport or driver’s license will be acceptable forms of photo ID, as either one of those would have your full name and a picture.

Man in Black Long-sleeved Shirt and Woman in Black Dress
Filling out an Affidavit of Marriage should be an easy process, and it won’t take very long. (Source)

What information do you need for an Affidavit of Marriage?

To prove your marriage is legal, you’ll need to provide some facts. The form can be lengthy, make sure you’ve got all the necessary information readily available before you start filling it out. It’s never convenient to have to stop halfway through to go collect information. 

Marriage information

Gather up all the information you have that proves you are married. After that, create a legally binding oath stating the information you provided is accurate, and ask your notary to sign your letter. Some of the documentation that will help prove your married is:

  • A recent change of address letter – if you have this with both your names on it, you can use that to prove you live together. 
  • Utility bills in both your names. 
  • A copy of your mortgage statement in both your names if you have one.
  • Lease renewal agreement – if you have renewed a lease in both names, this is helpful. 
  • Any bank statements or voided checks showing the same names and addresses. 

In some cases, you can even get a letter from a landlord stating that you do live there and that he’s rented out to both of you since you’ve been married. Sometimes, you might be asked to fill out an Affidavit of Identity. This is another way to verify both you and your spouse’s identity.

Dependent’s information

If you and your spouse have any children together, you could also provide birth certificates as proof that you are co-parents. If the birth certificates have matching last names, that’s another indicator of marriage. 

Why should I fill out an Affidavit of Marriage?

Man And Woman Kissing
Filling out an Affidavit of Marriage is an easy way to prove your marriage, which can help with legal forms like applying for health insurance and mortgages. (Source)

Legally, “marriage” means that you are united legally to another person. You are Power of Attorney, are legally responsible for making medical decisions, and are entitled to half the other person’s property in the event you divorce. 

Many things are affected if you don’t have an Affidavit of Marriage. Getting one will make it easier to do things like applying for a Green Card or visa. Your healthcare can also be affected by your Affidavit of Marriage. If you are trying to apply to be included in your spouse’s healthcare plan, you might need an Affidavit of Marriage. 

If you’re applying for a visa or looking for work in the United States, an Affidavit of Marriage can be a very helpful piece of paper. Many times, it’s easier to move to and work in the United States if you are already legally married to a United States citizen. 

Sometimes, if you’re applying for a credit card or a new bank, you’ll need to verify you are legally married. If you are looking to share a bank account with your spouse, you should have an Affidavit of Marriage. 

The general rule

To verify your marriage, have as much paperwork as possible that shows both you and your spouse are together. This can be mortgage or loan documents, utility bills, or anything else that shows you both live at the same address. The more paperwork you have showing you live together, the easier it will be to fill out an Affidavit of Marriage and legally verify your marriage.

If you have children together, that could also be used to prove that you are partners. 

Other Resources

If you’re still having trouble establishing and verifying a legal Marriage, some other things might help. Remember you can ask an attorney for help, or check online to see what other resources are available to you to successfully fill out an Affidavit of Marriage. A notary might also be able to tell you what is required. You should have your marriage certificate on hand when you are trying to apply for an Affidavit of Marriage. 

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