Affidavit of Single Status

An affidavit of single status is a document that is used by US citizens that plan to get married in another country. It is not a required form in some jurisdictions, but having an affidavit is necessary to confirm that a person does not have a current marriage and is free to enter into official relationships under the laws of the country of destination.

To be legally valid, an affidavit has to be acknowledged by a notary public. It might also need to be apostilled in order to be accepted by the foreign country. Whether or not you will need to apostille the affidavit depends on the destination country. Affidavits have to be apostilled when you plan to get married in a country that is a member of the Hague Convention of 1961. In countries that are not members of the Convention, the affidavit needs to be legalized.

There is no government-issued document that would state that a person can legally marry. This is why you should not request any form letters from local county clerks because a letter cannot then be acknowledged by notary public, and consequently, does not have required legal force.

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What Should Be Included in the Affidavit of Single Status?

This fillable affidavit form always has to include the following information:

  • full printed name of the affiant
  • date of signing the affidavit
  • a sworn statement that you have never been married or that you are divorced and are free to marry now

Some countries might also require affiants to include in their affidavits:

  • passport number
  • SSN
  • date of birth
  • address of permanent residency

An affidavit of single status is a relatively simple document that is easy to fill out once you have found a good form. If you want to save time, use the affidavit form provided on our website – it is totally free and easy to download.

Many jurisdictions require affidavits of single status to be apostilled. Along with that, you might need to attach a copy of your driver’s license, a document proving that you have divorced or that you are a widow or a widower (divorce decree or death certificate of your former spouse respectively). Please note that in such cases, you might have to wait a state-required period before you can get married again. For example, if you plan to get married in Italy after divorce or death of your former spouse, you might need to wait for at least three hundred days before you can remarry. This is why you should carefully check current regulations of the destination country in relation to marriage.

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How to Fill Out a Single Status Affidavit

Step 1 – Name and address of the affiant

The affidavit of single status should start with you stating your name and place of residence (including street, city, state, and postal code). The document should then state that you have personally appeared in front of the notary public and under oath or affirmation made the following statements.

Step 2 – Place of birth, citizenship, and number of the document provided

Then, the document should tell when you were born and where (including city and county). Next, specify citizenship of what country you have. After that, mention the number of your passport or driver’s licence.

Step 3 – Sworn statement

In the next part of your affidavit, write down one of the statements. First one should be that you are currently single and have never been married before. The second one should be that you were divorced or widowed and are currently single.

Step 4  – Date and signature

Date your affidavit and put your signature along with your print name.

Step 5 – Notary acknowledgement

The last step to filling out the affidavit and making it legally valid is acknowledging the document in front of a notary public. They should state that the affidavit was signed before them and that you are the person whose name is presented in the document that you provided. Then, the notary should sign the document and stamp it including the date of executing the affidavit. The date of their commission expiration should be included as well.

Published: May 25, 2021