An Affidavit of Declaration of Marriage is a legal instrument used to formally affirm the existence of a marriage between two individuals.
In Nigeria, this document is particularly significant for couples who may have lost their original marriage certificate or for those whose marriage was conducted under Native Law and Custom and was not immediately registered with a government designated registry.
It acts as a sworn confirmation of the matrimonial union and is widely accepted as secondary evidence of marriage in the absence of the primary certificate.
When is this Affidavit Used?
There are several scenarios where this declaration becomes necessary.
The most common is for official record-keeping updates.
For instance, a woman wishing to change her surname on her bank account, driver's license, or international passport to that of her husband will require proof of marriage.
If the couple contracted a customary marriage (traditional wedding), they might not have received a certificate that is recognized by corporate institutions or embassies.
In this case, the Affidavit of Declaration of Marriage serves to bridge that gap.
It is also used during visa applications to prove family ties.
Difference from Marriage Certificate
It is important to distinguish this affidavit from a Statutory Marriage Certificate issued by a Federal Marriage Registry (like Ikoyi Registry).
A Registry certificate is the highest form of proof.
However, the Affidavit of Declaration of Marriage is a valid attestation of facts used to support the claim of marriage.
In many official processes, this affidavit must be accompanied by photos of the wedding ceremony or a letter from the church/mosque/traditional ruler to add weight to the claim.
Key Information Required
The content of the affidavit must include the names of both spouses, the date the marriage took place, and the venue of the marriage (e.
g.
, the specific church, mosque, or the family compound where traditional rites were performed).
It must clearly state that the couple has been living together happily as husband and wife since the date of the marriage.
By swearing to this affidavit, the deponent accepts legal liability for the truthfulness of the marriage claim.