The Affidavit of Legal Capacity to Contract Marriage is a crucial document required by Belgian authorities before permitting individuals to marry within their jurisdiction. This legal instrument is particularly important in international marriages or when one or both parties are foreign nationals. The affidavit must comply with Articles 143-228 of the Belgian Civil Code and related legislation, serving as a formal declaration that the person making the statement is legally free and capable of entering into marriage. It typically includes personal information, current civil status, confirmation of meeting legal requirements, and declarations regarding any impediments to marriage. The document must be properly notarized and may need to be accompanied by certified translations if not in one of Belgium's official languages. Foreign nationals often need to obtain this document from their home country's embassy or consulate in Belgium, or have it issued by appropriate authorities in their home country with proper legalization.
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1. Title and Introduction: Formal title of the document and introduction stating the purpose of the affidavit
2. Declarant Information: Full legal name, date and place of birth, current address, nationality, and identification details of the person making the declaration
3. Civil Status Declaration: Statement confirming current civil status (never married, widowed, or divorced) and legal capacity to marry
4. Legal Requirements Confirmation: Declaration confirming meeting Belgian legal requirements for marriage (age, mental capacity, free consent)
5. Impediments Declaration: Statement confirming absence of legal impediments to marriage under Belgian law
6. Intended Marriage Details: Information about the intended marriage including details of the future spouse
7. Truth and Accuracy Statement: Formal declaration that all statements made are true and accurate
8. Signature Block: Space for declarant's signature, date, and place of signing
9. Notarization Section: Official notary attestation, seal, and signature
1. Previous Marriage History: Required if previously married, including details of divorce or death of spouse
2. Parental Consent: Required for persons under 18 who have obtained court permission to marry
3. Foreign Law Compliance: Required for non-Belgian citizens, confirming compliance with marriage laws of home country
4. Translation Certificate: Required if the affidavit needs to be presented in multiple languages
5. Religious Requirements: Optional section for declaring awareness of religious requirements if applicable
1. Appendix A - Identification Documents: Copies of passport, national ID card, or other official identification
2. Appendix B - Civil Status Evidence: Birth certificate, death certificate of previous spouse, or divorce decree if applicable
3. Appendix C - Residence Documentation: Proof of current address and residence status
4. Appendix D - Criminal Record Check: If required, certificate showing no criminal record
5. Appendix E - Supporting Declarations: Any additional sworn statements from witnesses if required
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