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Marriage Affidavit

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What is a Marriage Affidavit? 

A marriage affidavit is a sworn, notarized statement used to verify the marriage between two individuals. It serves as proof of legally recognised and enforceable union. 

This is a legal document that contains key details, including their personal information, marital status at the time of marriage, and confirmation that the marriage was voluntary and without coercion. 

A marriage affidavit is crucial for obtaining a marriage certificate, legally recognizing the marriage, and accessing the benefits of marital status. 

👉 Need A Marriage Affidavit? Digilawyer Can Help You Obtain A Legally Notarized Marriage Affidavit. Contact Us Today! 

How Can DigiLawyer Help?  

At DigiLawyer, we simplify the process for you:  

Legally Drafted Affidavit: Professionally prepared in the correct legal marriage affidavit format as per Indian laws. 

Stamp Paper Procurement: Arranged as per state-specific stamp duty requirements (including e-stamp where applicable). 

Authorized Notarization: Affidavit notarized by an authorized notary for legal validity. 

Secure Delivery: Doorstep courier delivery of the original notarized affidavit, along with a downloadable affidavit format PDF copy for your records. 

What are the Documents Required to Obtain a Marriage Certificate? 

Here is the list of documents that you need to obtain a marriage certificate: 

1. Application Form – Filled completely with signatures of both bride and groom. 

2. Wedding Card – Original invitation card. 

3. Address Proof (any one, in the name of either applicant): Voter ID, Passport, Rent Agreement, Driving License, Electricity Bill, Telephone Bill. 

4. Age Proof (for both): Passport or 10th class mark sheet with Date of Birth. 

5. Identity Proof (for both): Driving License, Voter ID, PAN Card, or Passport. 

6. Photographs

  • 2 passport-size photos of each of the bride and groom. 
  • 6 photos each (2B size) 
  • 2 marriage photos (in wedding attire, preferably with families). 

7. Marriage Affidavits – A Separate notary affidavit for marriage certificate is required from the bride and groom in the prescribed format. 

8. Name Change Affidavit – Require name change affidavit if the bride changes her name after marriage. 

9. Aadhar Card – For both. 

10. Newspaper Publication – Original copy of the daily newspaper showing the bride's name change (if applicable). 

Save time, avoid mistakes. Let DigiLawyer draft and deliver your marriage affidavit within 24 hours.

Why is it Important to Obtain a Marriage Affidavit? 

Here are the key reasons to obtain a marriage affidavit for couples: 

  • The notary affidavit is a legal document required to obtain a marriage certificate, as mandated by the Supreme Court's 2006 directive. Without a marriage affidavit, the marriage certificate process cannot be completed. 
  • It provides legal recognition to your marriage, ensuring eligibility for rights such as property succession, spousal benefits, and child custody in case of separation or death. 
  • You’ll need this affidavit to update official documents (such as passports, PAN, and Aadhaar), add a spouse's name on government IDs, and claim financial or insurance benefits. 
  • The marriage affidavit can also facilitate administrative processes, including opening joint bank accounts, obtaining visas based on marital status, and accessing family health coverage and pensions. 

What to Do Next After Obtaining a Marriage Affidavit? 

Once you acquire your affidavit for marriage registration, the next step for you is to obtain a marriage certificate: 

➣ Fill out the marriage registration form, ensuring it is signed by both spouses. 

➣ Attach the required documents, including marriage affidavit, birth and address proofs, photographs, wedding invitation (if available), and any other prescribed documents. 

➣ The next step for you is to pay the statutory fees at the registrar or through online channels, and append the payment receipt to the application. 

➣ Submit all documents in person at the sub-registrar's office or via the online portal, depending on your jurisdiction. 

➣ Attend the appointment at the registrar's office, where document verification occurs and witnesses may need to be present. 

➣ After verification and, if required, the mandatory waiting period (mostly for the Special Marriage Act), the marriage will be registered and the certificate issued. 

Note: The process may vary slightly based on whether marriage is registered under the Hindu Marriage Act, the Special Marriage Act, or other applicable law. 

Frequently Asked Questions (FAQs)

Can I draft a marriage affidavit myself?

Yes, but it must be in the correct legal format and on proper stamp paper. Errors may cause rejection, so most people prefer professional drafting.

Can I get a marriage certificate without a marriage affidavit?

No, submission of the affidavit is compulsory in almost all jurisdictions for marriage registration.

Can I show a marriage affidavit in a visa interview?

No, a marriage affidavit is not a substitute for a marriage certificate and will likely be rejected as primary proof of marriage in a visa interview. You must present the original government-issued marriage certificate.

Do we need a marriage affidavit, even for the renewal of a passport in India?

No, a marriage affidavit is not necessarily for passport renewal in India. But if you want to add your spouse's name, change your surname, or update your marital status, then you need to provide either a Marriage Certificate or a Joint Photo Declaration (Annexure J) as proof.

Can NRIs or overseas citizens get a marriage affidavit in India?

Yes, NRIs may apply using Indian legal services, sometimes needing extra documentation for foreign use.

Is an affidavit required for both religious and civil marriages?

Yes, the document is needed for all recognized marriage registration procedures.

Does a marriage affidavit guarantee marital rights?

It serves as strong evidence for legal rights, but the marriage certificate is the primary document for most benefits.

What is the cost of a marriage affidavit?

A marriage affidavit is a part of the marriage registration process, and it involves the price of a stamp paper and notary fee, which typically ranges from ₹50 to 200 for the stamp paper and ₹100-150 for notarization. The price can vary from state to state.

What if I lost my marriage certificate? Can an affidavit help?

An affidavit declaring marriage can be used for the re-issuance of certificates or as supporting proof.

How do I apply for a marriage affidavit online?

To apply for a marriage affidavit online, consult with DigiLawyer. Submit the required documents and make the payment to have your affidavit drafted and delivered to you.

How long does it take to receive the affidavit from DigiLawyer?

You will typically receive your completed affidavit within 24 to 48 hours after submitting details.

Is a marriage affidavit accepted abroad?

Usually not. Foreign authorities require a marriage certificate, though an affidavit may be accepted as a supporting document in some cases.

What if the names on our documents don’t match the affidavit?

Mismatched names can cause delays. You may need a name change affidavit or extra documents like a gazette or newspaper proof.

Is a marriage affidavit the same as a marriage certificate?

No. The affidavit confirms your marriage, while the certificate is the official proof issued by the registrar.

Can I use a marriage affidavit for joint bank accounts or insurance?

Some institutions may accept it as supporting proof, but most require the official marriage certificate.

Can NRIs or couples married abroad use a marriage affidavit in India?

Yes, but additional attestation (like an apostille or embassy attestation) may be needed if it’s for use abroad.

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