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Affidavit not married

  • 05-02-2010 6:03pm
    #1
    Registered Users, Registered Users 2 Posts: 3,353 ✭✭✭


    Hi all,

    Hoping for a bit of help here. My better half has to get a signed affidavit to say that she was never married before. We have a comissionar of oaths to sign off on it but don't know where to get the paperwork. Do we need an official form to fill out and get signed or can we word the document ourselves and bring it to the comissionar (I'm thinking not) ? I realise we could go to a solicitor and get it sorted but theres a difference of 60E !

    Any advice much appreciated,

    Heckler


Comments

  • Registered Users, Registered Users 2 Posts: 37 Jellyjelly


    hey heckler

    Where are you getting married that you need this document? As long as its signed and stamped by a PC you should be fine, it doesn't have to be on the headed paper. Just make sure your partner puts her
    • Name
    • Address
    • Date of Birth
    • Maybe her passport number, for a link
    • then a statement stating that she has never been married in Ireland or any other country.
    Good luck

    J:)


  • Registered Users, Registered Users 2 Posts: 3,353 ✭✭✭Heckler


    Jellyjelly wrote: »
    hey heckler

    Where are you getting married that you need this document? As long as its signed and stamped by a PC you should be fine, it doesn't have to be on the headed paper. Just make sure your partner puts her
    • Name
    • Address
    • Date of Birth
    • Maybe her passport number, for a link
    • then a statement stating that she has never been married in Ireland or any other country.
    Good luck



    J:)

    Thanks for that. My partner is german born but lived in many different places in ireland since she was eight or do. Shes also non-catholic so the idea of getting letters of freedom from all the places she lived wouldn't work. Our parish priest told us to go to a com of oaths and get an affidavit signed but when we rang a solicitor he had no idea what forms we were talking about.

    So from what you say we can type up our own letter declaring she has never been married and can get a C.O.O to sign it ? No big legalese involved ?

    Thanks again Jelly,

    Heckler


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    Heckler wrote: »
    Our parish priest told us to go to a com of oaths and get an affidavit signed but when we rang a solicitor he had no idea what forms we were talking about.
    ah the auld Cathloic bureaucracy strikes again!
    another reason I'm glad I went for a civil ceremony!:p


  • Registered Users, Registered Users 2 Posts: 667 ✭✭✭Karmella


    Not sure if this helps but just got a commissioner of oaths to sign off forms as we are getting married abroad. We each got a 'solemn declaration' form which states that you are the same person as stated on your birth cert and that you are free to marry the other person.

    The c.o.o. signs and stamps the form and your birth cert. And the charge is 10 euro per signature. You can download the form from the dept. of foreign affairs website.

    Ok, i know its not exactly the same situation, but its still a declaration of freedom to marry. Maybe if your partner brings this form along with her birth cert and ID to the solicitor that might be enough? Or it might be worth checking the citizens information website to see if they have any other similar forms.


  • Registered Users, Registered Users 2 Posts: 3,353 ✭✭✭Heckler


    Karmella wrote: »
    Not sure if this helps but just got a commissioner of oaths to sign off forms as we are getting married abroad. We each got a 'solemn declaration' form which states that you are the same person as stated on your birth cert and that you are free to marry the other person.

    The c.o.o. signs and stamps the form and your birth cert. And the charge is 10 euro per signature. You can download the form from the dept. of foreign affairs website.

    Ok, i know its not exactly the same situation, but its still a declaration of freedom to marry. Maybe if your partner brings this form along with her birth cert and ID to the solicitor that might be enough? Or it might be worth checking the citizens information website to see if they have any other similar forms.


    That sounds like the way to go. Thanks for the help.


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  • Registered Users, Registered Users 2 Posts: 667 ✭✭✭Karmella


    No bother, this whole marriage thing is a minefield! :) hope you get sorted.


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    Karmella wrote:
    Ok, i know its not exactly the same situation, but its still a declaration of freedom to marry.
    I think the issue here is not a straight forward freedom to marry, as this is covered by your declaration that you sign with the registrar (basically declaring you know of no legal reason that you cannot get married). The problem here is that the church want an assurance that OP's partner has never been married before - as if she were then of course she cannot marry in a Catholic church. In normal circumstances a check with her parish would sort this, but because of her circumstances this is not sufficient.

    OP I would offer the priest what the other posters have suggested. It should be enough.
    Although I am confused by the parish priest asking for this - when we initially considered marrying in a church we weren't asked for this and my partner is from another country and a muslim!


  • Registered Users, Registered Users 2 Posts: 3,353 ✭✭✭Heckler


    I think the issue here is not a straight forward freedom to marry, as this is covered by your declaration that you sign with the registrar (basically declaring you know of no legal reason that you cannot get married). The problem here is that the church want an assurance that OP's partner has never been married before - as if she were then of course she cannot marry in a Catholic church. In normal circumstances a check with her parish would sort this, but because of her circumstances this is not sufficient.

    OP I would offer the priest what the other posters have suggested. It should be enough.
    Although I am confused by the parish priest asking for this - when we initially considered marrying in a church we weren't asked for this and my partner is from another country and a muslim!

    I've been to the parish priest and explained the situation. Being a non-catholic (my OH) the priest is going to write to the Bishop for a dispensation. To do this he needs a signed affidavit to show that she was never married before. He told us to get a commissionar of oaths or a justice of the peace to sign a form stating such. My problem is this:Is there an official form that needs to be filled out or will a signed/stamped typed letter we can write ourselves i.e. I, Jane Doe, Hereby declare I have never been married etc, etc, do ?

    I looked at the forms on the Department of foreign affairs website but I don't think they'll do the job as they are intended for marriage abroad. I'm going to ring Accord or someone for advice tomorrow or maybe get back to my parish priest for clarification. Thanks for all the advice. I'm sure we'll get there in the end. Pre-marriage course next weekend God help us


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