How to Prepare an Affidavit for Marriage Registration (Divorced Parties)

Essential Points to Include in the Affidavit

divorced, their affidavits for marriage registration require special attention. The affidavit must contain all standard information plus additional declarations confirming the dissolution of the previous marriage, custody arrangements, and compliance with legal requirements.

• Full name, parentage (father’s/mother’s name), and complete residential address
• Date of birth and age at the time of marriage
• Citizenship status and nationality
• Religion and confirmation of capability to give valid consent
• Date and place of marriage, manner of solemnization (rites/ceremonies performed)
• Statement that parties are not related within prohibited degree as per relevant law (e.g., Hindu Marriage Act, Special Marriage Act)
• Affirmation of mental soundness and absence of any legal disability

Additional Points for Divorced Parties/list

Details of previous marriage: Whether registered or not, date and place of divorce

Divorce decree details: Court name, case number, date of decree

Children from previous marriage: Names, custody arrangements, and settlement status

Specific statement that there was NO living spouse at the time of the new marriage

Confirmation of compliance with Hindu Marriage Act/Special Marriage Act regarding Sapinda relationship and prohibited degrees

Sample Affidavit Language for Divorced Parties

Below are examples of language that should be included in affidavits for divorced parties:

AFFIDAVIT

I, [YOUR NAME], Son/Daughter of [FATHER’S NAME], Resident of [COMPLETE ADDRESS], Age – [AGE] Years, do hereby solemnly affirm and declare as under:

1. That I am an Indian Citizen.
2. That I got married to [SPOUSE’S NAME], Daughter/Son of [SPOUSE’S FATHER’S NAME], Resident of [SPOUSE’S ADDRESS], on [DATE OF MARRIAGE] at [MARRIAGE VENUE], according to Hindu Rites and Ceremonies.
3. That my Date of Birth is [DD/MM/YYYY] and I had completed [AGE] Years of Age at the time of Marriage.
4. That I was previously married and my said marriage was not registered and has been dissolved by decree of divorce dated [DIVORCE DATE] passed by [JUDGE NAME], [DESIGNATION], [COURT NAME], [LOCATION] in HMA No. [CASE NUMBER]. [If applicable: And from the said wedlock there is a child namely [CHILD NAME], who is in the care and custody of [mother/father] by way of mutual agreement.] And I did not have a spouse living at the time of marriage.
5. That the marriage was conducted as per Hindu Rites.
6. That I belong to Hindu Religion.
7. That at the time of marriage I was capable of giving valid consent and of sound mind, not suffering from any mental disorder/insanity.
8. That until the time of marriage I was not related to [SPOUSE’S NAME] within the prohibited degree of relationship and not Sapindas as per Hindu Marriage Act.

DEPONENT

VERIFICATION
Verified at [CITY] on this _ day of _, 2025 that all the contents of the above said affidavit are true and correct to the best of my knowledge and belief. Nothing has been concealed therefrom.

DEPONENT

Affidavit Structure and Verification

Every affidavit must follow this basic structure:

• Title: “AFFIDAVIT” at the top
• Introduction: Name, parentage, age, and address of the deponent
• Numbered declarations covering all required points (as listed above)
• Verification clause: “Verified at [place] on this day of [month, year] that all the contents of this affidavit are true and correct to the best of my knowledge and belief. Nothing has been concealed therefrom.”
• Signature of Deponent

Important Points to Remember

Both parties must submit individual affidavits covering all the above points. Each person should provide complete information about their own prior marriage, divorce details, and custody/settlement of any children from the previous marriage. This is essential to avoid objections by marriage registration authorities.

The affidavit should be notarized on non-judicial stamp paper of appropriate value as per state regulations.