Affidavit of Declaration of
Marriage in Nigeria
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About this document
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.
Similar Models
Affidavit of Adoption in Nigeria
The Affidavit of Adoption is a supporting legal document used in the process of finalizing or proving the adoption of a child. In Nigeria, adoption is a strict statutory process governed by the Child Rights Act and specific State Laws (like the Lagos State Adoption Law). The process involves the courts and social welfare offices. This affidavit serves as a sworn affirmation by the adoptive parent(s) confirming the completion or validity of the adoption process. Use in Post-Adoption Documentation Once a Family Court issues an Adoption Order, the parents often need to obtain new identity documents for the child, such as a new birth certificate showing the adoptive names, an international passport, or school registration. Many of these institutions require an affidavit to accompany the court order, where the parents swear to the facts of the adoption and their assumption of full parental rights. It effectively serves as a summary of the legal transfer of parentage. Content and Declaration The affidavit must explicitly state that the deponent has legally adopted the child in accordance with the laws of the state. It usually references the specific Court Order (case number and date) that granted the adoption. The deponent affirms that the child now bears the family name and that they have assumed full responsibility for the child's education, health, and general welfare as if the child were born to them biologically. This document is crucial for integrating the child into the new family legally and socially.
Affidavit of Age
An Affidavit of Age is a simple sworn statement confirming how old the affiant is. This is used when a birth certificate or ID is not readily available but proof of age is required for a specific purpose. Common uses include verifying eligibility for marriage licenses, tobacco or alcohol sales (in business contexts), senior citizen discounts, or retirement benefits. It places the burden of truth on the signer.
Affidavit of Alias/Nicknames in Nigeria
Introduction The Affidavit of Alias is a legal declaration acknowledging that an individual is known by more than one name in the community or professional sphere. This is different from a change of name; here, the individual keeps their official name but wishes to legally link a nickname or trade name to their identity. Usage Cases This is common among artists, entertainers, and politicians who have a "Stage Name" or "Political Nickname" that appears in media or contracts but does not match their birth certificate. For example, a musician named "David Adeleke" might swear an affidavit that he is also known as "Davido" to protect his intellectual property or receive payments made out to his stage name. Legal Function The affidavit states clearly: "I am [Official Name], also known as [Alias]." It asserts that both names refer to one legal entity. This is crucial for banking compliance, ensuring that cheques written to the alias can be deposited into the account of the official person without being bounced for third-party suspicion.
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