Marital Status Affidavit — married, unmarried, divorced or widowed

e-StampNotary

Four statuses, four different drafts

People ask for "a marital status affidavit" as though it were one document. It is four, and getting the wrong one is the usual reason a file comes back.

Unmarried

A straight declaration that you have never married, as at the date of swearing. This is the version most often needed for visas, overseas employment and foreign marriage — treated in detail on the unmarried affidavit page.

Married

Declaring a subsisting marriage, with the spouse named and the marriage certificate identified by number and date where one exists. Asked for in insurance and pension records, in family visa applications, and where an employer records dependants.

Divorced

Declaring that a marriage was dissolved, and identifying the decree — the court, the case number and the date. The affidavit is not what dissolves the marriage and never was; it merely states the fact and points to the decree.

Widowed

Declaring the death of a spouse, with the death certificate identified. Where the purpose is a pension, a bank claim or heirship, the widow affidavit is drafted differently, because those applications need more than status.

What notarisation adds, and what it does not

The Notary administers the oath under section 8(1)(e) of the Notaries Act, 1952, identifies the deponent, records the act in the Notarial Register in Form XV as Rule 11(2) requires, and attests under signature and official seal. That establishes that a particular identified person swore this statement on this date. It does not establish that the statement is true, and marital status is one area where the underlying documents matter more than the oath: a marriage certificate, a decree, a death certificate. Where such a document exists, produce it and let the affidavit refer to it. An affidavit offered in place of a document that exists is always the weaker paper.

Where it is actually used

Bank and insurance records where the nominee is a spouse; pension and family pension sections; employer records fixing family entitlements; visa and immigration applications; property and family settlement documents where the class of heirs has to be stated; loan applications; and court proceedings where status is in issue. In almost all of these the affidavit sits alongside a document, not instead of it.

What gets these rejected

• Status sworn without the supporting document identified — "I am divorced", with no court, case number or decree date.
• "Separated" recorded as "divorced". Living apart, even for many years, and even under a written agreement, is not a dissolution of marriage.
• A second marriage declared while the first is not shown to have ended.
• Spouse's name spelled differently from the marriage certificate.
• An affidavit that gives the status but not the date it speaks as of.
• Contradiction with an earlier affidavit or form given to the same institution.

Practical points

Stamp duty as currently prescribed under the Gujarat Stamp Act, 1958, confirmed at the counter and e-stamped here as a Government authorised centre. Fee for administering the oath capped at ₹35 under Rule 10(1) of the Notaries Rules, 1956; ₹200 where the instrument is to take effect outside India. Drafting in Gujarati or English. Where the affidavit is going abroad, ask the receiving authority what further authentication they require after notarisation before you commit to anything.

What to bring

• Aadhaar and PAN card
• Marriage certificate, where a marriage is being declared
• Decree of divorce with case number and date, where the marriage was dissolved
• Death certificate of the spouse, where widowed
• Passport, if the affidavit is for a visa or overseas use
• The form or letter from the bank, insurer or office that asked for it

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