Free Marriage Affidavit Template

A marriage affidavit (sometimes called a bona fide marriage affidavit) is a sworn statement that confirms you are legally married. People often use it when an official marriage certificate is unavailable, delayed, or lost.

A typical marriage affidavit includes:

• The full legal names of both spouses.
• The date and place of the marriage.
• A statement that both people were eligible to marry at the time.

A marriage certificate is an official government record showing the marriage took place. A marriage affidavit is a sworn personal statement used when the certificate is not available or cannot be obtained quickly.

Because these documents serve different purposes, they are not always interchangeable.

You might need an affidavit of marriage when you are asked to prove your marital status but you cannot provide your marriage certificate right away.

Legal and Financial Purposes

A marriage affidavit can help with personal, financial, or legal tasks where marital status matters. For example, you may need it when you are:

• Updating records with an employer, insurer, or benefits provider.
• Applying for spousal benefits, retirement benefits, or pension benefits.
• Preparing an estate plan, such as a last will and testament or a living trust.
• Confirming a prior marriage during a separation or divorce process using a divorce agreement.

Common-Law Marriage Verification

If you are in a common-law marriage, you may be asked to prove the relationship for benefits or legal paperwork. A common-law marriage generally refers to a couple who lives together and presents themselves as married without a formal ceremony or marriage license.

Not all states recognize common-law marriage.

Immigration Purposes

If you are applying for certain immigration benefits, you may need to show your marriage is genuine. The US Citizenship and Immigration Services (USCIS) may request supporting evidence to confirm a bona fide marriage.

In those cases, a marriage affidavit may be included with other paperwork, such as Form I-130 (Petition for Alien Relative) and Form I-485 (Adjustment of Status), depending on the filing situation.

Your affidavit can explain how you met, how you have built a life together, and why a marriage certificate is not available.

A strong affidavit is clear, specific, and consistent with the documents you submit elsewhere. Use these steps to make sure you include the details most agencies expect.

Step 1 – Add the Affiant Information

Start with your full legal name, current address, and a statement confirming you are an adult and legally able to sign. This person signing the affidavit is usually called the affiant.

Step 2 – Enter Your Spouse’s Information

Add your spouse’s full legal name and current or last known address. This helps match the affidavit to other records.

Step 3 – Specify the Type of Marriage

State whether your marriage was formal (licensed and performed by an officiant) or recognized as common-law. If it is common-law, include the length of time you have lived together and presented yourselves as married.

Step 4 – Fill In the Marriage Details

Include the date and location of the marriage, including the city and state. If you had an officiant, list their name and role. Also confirm that neither spouse was married to someone else at the time of the marriage.

Step 5 – Add Final Statements

Confirm that the statements in the affidavit are true and correct to the best of your knowledge. If the affidavit needs to reference the state where it is signed, include that information as well.

Step 6 – Sign and Notarize

The affidavit must be notarized. Sign in front of a notary public, and attach a notary acknowledgment. You can use Document Genius’s notary acknowledgment to keep the notarization section clear and consistent.

Before you notarize, confirm whether the requesting agency also requires witness signatures, specific wording, or additional evidence.