A Spouse Affidavit is a critical document in German legal practice, required in various situations where formal proof of marriage status or related circumstances is needed. This sworn statement is commonly used for immigration procedures, social benefits applications, pension claims, or legal proceedings. The document must be executed before a German notary and comply with the formal requirements of German law, including the Bürgerliches Gesetzbuch (BGB) and Beurkundungsgesetz (BeurkG). The Spouse Affidavit typically contains detailed personal information, marriage details, and specific declarations relevant to its intended use, with the affiant making statements under penalty of perjury. Its validity often extends to other EU member states under EU Regulation 2016/1191, though additional formalities like apostille may be required for use outside the EU.
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1. Notarial Introduction: Formal introduction including date, location, and notary details as required by German law
2. Affiant Information: Full legal name, date of birth, current address, and identification details of the person making the affidavit
3. Marriage Details: Information about the marriage including date, location, and spouse's details
4. Current Status Declaration: Clear statement about the current status of the marriage (ongoing, separated, etc.)
5. Purpose of Affidavit: Statement explaining why the affidavit is being made and its intended use
6. Truth Declaration: Formal declaration that all statements are true and accurate
7. Legal Consequences Acknowledgment: Statement acknowledging understanding of legal consequences of false statements
8. Signature Block: Space for affiant's signature, date, and notary's official seal and signature
1. Cohabitation Statement: Declaration about living arrangements, used when the affidavit is for immigration or benefits purposes
2. Financial Support Declaration: Statement about financial responsibilities and support, needed for benefits or legal proceedings
3. Previous Marriages: Information about any previous marriages if relevant to the purpose of the affidavit
4. Children Statement: Information about children from the marriage, used when relevant to benefits or legal proceedings
5. Translation Certificate: Required when the affidavit needs to be used in non-German speaking jurisdictions
6. Apostille Preparation: Special formatting section when document requires apostille for international use
1. Marriage Certificate Copy: Certified copy of the marriage certificate attached as official proof
2. Identification Documents: Copies of passport or national ID card as proof of identity
3. Residence Registration: Copy of Meldebescheinigung (German registration certificate) if relevant
4. Supporting Documents: Any additional documents supporting the statements made in the affidavit
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