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Family law Obtaining a certificate of marital status

Sulyk Roman

Head of family law practice

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sulyk@prikhodko.com.ua

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An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.

Obtaining a certificate of marital status

In legal practice, there is often a need to confirm a person’s marital status – in particular, for submitting documents abroad, entering into a marriage with a foreigner, or completing inheritance or migration procedures.

Most often, citizens request a so-called “marital status certificate.” However, it should be understood that in Ukraine, such a certificate does not exist as a separate official document.

Instead, in practice, an affidavit is used – a notarized statement by a person about their marital status, which is accepted by most foreign institutions.

In this article, we will explain what an affidavit is, how to draw it up, and in what cases it is needed.

What is an affidavit?

Affidavit — This is an official written statement made by a person under oath or with a notarized certificate, in which they confirm certain legally significant facts. In our case, their marital status at the time of filing the application.

An affidavit has legal force, in particular when submitting documents to:

consulates or embassies of foreign countries;
foreign civil registration authorities;
immigration services;
courts and other official institutions.

When might an affidavit of marital status be needed?

The most common situations:

Planning to marry abroad – foreign authorities require confirmation that the person is not married at the time of submitting documents;
Applying for a fiancé/fiancée visa (e.g., K-1 visa to the United States);
Participation in migration programs where information about family ties must be provided;
Registration of inheritance or property abroad, where it is important to confirm the absence of a spouse or children;
Submitting documents to recognition of guardianship, adoption, etc.

Can I get a certificate from the DRACS?

Unfortunately, no. The State Civil Registration Office (SCR) does not issue a certificate stating that a person is “not married.”

They can only provide:

extract from the State Register of Civil Status Acts (for example, on divorce);
marriage certificate or its termination;
certificate of absence of marriage record (for internal registry purposes only).

However, this is often not enough for foreign institutions – which is why an affidavit is used.

How to make an affidavit?

The procedure looks like this:

Appeal to a notary. A passport of a citizen of Ukraine and an identification code are submitted.
Drafting the text of the application. For example: “I, Full Name, as of ___ date am / am not in a registered marriage. Previously married to ___, marriage dissolved on ___.”
Notarization. The application is signed in the presence of a notary, who certifies the authenticity of the signature and notes that the person confirmed the information voluntarily and personally.
Translation and apostille. If submitted abroad, a translation into the language of the relevant country and an apostille are required (if the country is a party to the Hague Convention).

It will also be useful: OBTAINING A CERTIFICATE OF A FATHER WITH MANY CHILDREN

What information is included in the affidavit?

The affidavit is drawn up individually, but usually contains:

Full name of the applicant;
Citizenship;
Passport data;
Registration/residence address;
Current marital status (single / divorced / widowed);
If necessary, data on previous marriages (date of dissolution, person with whom the marriage took place);
Purpose of submission (for example, “for presentation at the Italian Embassy in Ukraine”).

The cost and time frame for the relevant registration may vary depending on the circumstances (prices for notary services/workload, etc.)

Legal advice

Check what format the institution you are submitting your documents to requires. Some consulates have their own affidavit templates.
If there are any doubts about the wording, it is better to contact a lawyer – an error may result in the refusal to accept the documents.
In some cases, it is recommended to indicate that the affidavit is submitted under the applicant’s responsibility in accordance with Ukrainian law.

Conclusion

Despite the fact that in Ukraine there is no certificate of marital status in the classical sense, the issue is resolved quite simply – through a notarized affidavit.