My niece just got married in England. She is a US citizen, new hubby is not. She just found out she needs an affidavit of marriage validity. If someone else does the affidavit can I notarize it? Is there any special form I need? Would it be a Jurat? Thank you. Newbie here.
Deana W
@deanawaschak Hmmm . . . You don’t mention what State in the US you’re located within . . . unable to provide a definitive reply to your query.
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What instructions/guidance is given within the Notarial Handbook for your State; that is, if there is one . , , ?
The authority to notarize these types of documents can (and often does) vary by state => You’ll be BEST served by researching the Notarial Handbook/Statutes for your State to obtain the answer of how to move forward with assisting her.
In general, most states prohibit the notarization by a notary public of official records. The original official records are solely within the purview of & are to be produced then released by those specific offices.
Here are a few examples:
- Marriage records
- Court records
- Birth records
- Death records
- Licensing records
- Educational Transcripts
- Etc.
Sorry I forgot to mention I am in California.
@deanawaschak I understand the CA handbook is comprehensive! What does your Notarial Handbook tell you about Official Records; i.e., marriage licenses, especially from another country?
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Deana, Washington state’s dept of licensing notary commission cautions Washington notaries from notarizing for their family members. I’d say it is a bad idea, in my opinion. Better to find your niece another notary who can help. The issue is down the road if someone accuses impropriety.
As for the form and type of notarial certificate, choosing one or advising your niece which type of notarization they require constitutes giving legal advice in Washington. Likely the same for you in California, but you should check your rules. Suggest your niece seek legal advice from a licensed professional or even try Googling “Affidavit of Marriage Validity”
I am not giving you legal advice. Be sure to check your rules: https://notary.cdn.sos.ca.gov/forms/notary-handbook-current.pdf
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Thank you. Excellent advice!
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If this has anything to do with getting the husband into the US or her into England permanently, it seems like an immigration lawyer (US) or solicitor (England) should be consulted.
They do have a lawyer they have been consulting throughout the entire process.
The lawyer should be able to supply the affidavit. If it isn’t a CA lawyer, you may have to check the correct CA certificate is used for an oath or affirmation. Also make sure you are allowed to notarize for a niece in CA. If you and the niece have the same last name, it might be safer to use a different notary to avoid any appearance of a problem.
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