The Affidavit in Support of Marriage is a crucial legal document required in various circumstances within the Canadian legal framework. This sworn statement is typically used when individuals need to provide formal verification of their eligibility to marry, particularly in cases involving foreign nationals, previous marriages, or when additional documentation is required by provincial authorities. The document is designed to comply with both federal legislation (such as the Civil Marriage Act) and provincial marriage laws, making it an essential tool in preventing unauthorized marriages and ensuring legal compliance. The affidavit must be sworn before a qualified official and may be required by marriage license issuers, immigration authorities, or religious officials before proceeding with marriage ceremonies or related legal processes.
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1. Identification of Deponent: States the full legal name, current address, and occupation of the person making the affidavit
2. Basis of Knowledge: Establishes how the deponent has personal knowledge of the facts stated in the affidavit
3. Personal Information: Details about date and place of birth, citizenship, and current marital status
4. Legal Capacity: Declaration of being of legal age and having the mental capacity to marry
5. No Prohibited Relationships: Declaration that there are no prohibited degrees of consanguinity or affinity with intended spouse
6. Freedom to Marry: Statement confirming current marital status and legal ability to enter into marriage
7. Understanding of Marriage: Declaration of understanding the nature and consequences of marriage
8. Truth of Documents: Confirmation that all supporting documents provided are genuine and unaltered
9. Oath Confirmation: Standard closing statement confirming the truth of the affidavit contents
1. Previous Marriage Details: Required if previously married, including details of divorce or death of spouse
2. Immigration Status: Required for non-citizens, detailing current immigration status and right to remain in Canada
3. Parental Consent: Required for parties between 16-18 years old (where provincially permitted)
4. Religious Declarations: Required for religious marriages or when specific religious requirements must be met
5. Interpreter Confirmation: Required when the deponent requires an interpreter to understand the affidavit
6. Name Change Information: Required if the deponent has ever legally changed their name
1. Schedule A - Identity Documents: Copies of government-issued ID, birth certificate, or passport
2. Schedule B - Status Documents: Copies of divorce certificates, death certificates of previous spouse, or immigration documents if applicable
3. Schedule C - Supporting Declarations: Additional sworn statements from witnesses if required (e.g., confirmation of single status)
4. Schedule D - Translation Certificates: Certified translations of any foreign language documents
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Commissioner of Oaths
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