The Affidavit of Spinsterhood is a vital legal document used in Nigeria by a female declarant to formally attest to her single status.
It is a sworn statement made before a judicial officer, such as a Commissioner for Oaths or a Notary Public, confirming that the woman has never been married under Statutory Law, Customary Law, or Islamic Law, and is therefore free to enter into a valid marriage contract. This document is the female equivalent of the Affidavit of Bachelorhood and holds significant weight in civil and administrative procedures concerning marriage and immigration.
Why is this Affidavit Necessary?
The primary necessity for an Affidavit of Spinsterhood arises during the marriage registration process. The Marriage Registry requires proof that a bride-to-be is not currently bound by an existing marriage, thereby preventing the legal complications of bigamy or polyandry (which is not recognized in Nigeria). Beyond local marriage registration, this affidavit is extensively used for international travel and visa applications. When a Nigerian woman intends to marry a foreign national or relocate to join a fiancé abroad, the host country's immigration authorities usually require a sworn affidavit of single status, often authenticated by the Ministry of Foreign Affairs, to issue a fiancé visa or a marriage license.
Structure and Content
A standard Affidavit of Spinsterhood must be meticulously drafted. It begins with the personal details of the deponent (the woman), including her full name, religion, nationality, and residential address. The core of the document is the explicit declaration that she is a 'Spinster' and has never gone through any form of marriage ceremony with any man. If the affidavit is preparatory to a specific wedding, the name of the intended groom is usually mentioned to link the document to the specific event. It concludes with a statement of truth in compliance with the Oaths Act of 1990.
Legal Validity and Consequences
Once sworn and signed by the Commissioner for Oaths, this document becomes a binding record. It is important to note that 'Spinsterhood' in this legal context simply means a woman who has never been married; it is distinct from being a divorcee or a widow. If a woman has been married before, she would instead need a Decree Absolute (for divorce) or a Death Certificate (for widowhood). Falsifying information on this affidavit constitutes perjury, a criminal offense punishable under the Criminal Code of Nigeria.
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