AFFIDAVIT
1. Why Affidavit is recommended before the prenuptial enquiry for the Marriage?
In the Prenuptial Enquiry forms published and used in the Telugu Regional Dioceses, we find most important queries like: (1) Date of Birth, (2) whether the present marriage FIRST or SECOND, (3) whether there is proper consent between the proposed candidates for the Sacrament of marriage, (5) whether there is any impediment of consanguinity.
2. How an Affidavit is helpful for the Parish Priest and the parties in the future?
A Notary Public verifies the date of birth and confirms by his attestation basing on the proof of an ID like SSC/Anganavdi/Aadhar/Hospital. The most validated ID would be SSC mark list and Anganvadi or Hospital. In the same way, he confirms that the present marriage between the partners whether FIRST or SECOND by the oath sworn by the parents of the parties and the partners themselves. In this way the Parish Priest would be freed from the legal burden in the future, in case, a ratified and consummated marriage intends to take legal proceedings.
3. What is an Affidavit?
An affidavit is a written statement made under oath that is typically used in legal proceedings. When a person swears to be truthful in creating the affidavit, they are called an affidavit. Affidavits are vital part of court proceedings since they provide a written account of the details which can make easier for judges to make decisions.
4. When are Affidavits used?
Affidavits commonly used in: Divorce court, Name change verification, to confirm identity, Residency Verification, confirmation of the legal documents, debt dispute, property disagreement, and etc., However, in some cases, affidavits are voluntary, and they are mandatory.
5. The purpose of an Affidavit
The purpose of an affidavit is to formally legitimize. For an affidavit to be valid, the person who signs it must be personally aware of the facts within the affidavit and they must take an oath that they are 100% honest within the affidavit.
6. Types of Affidavits
The types of Affidavits are mostly of (1) Affidavit of Domicile, (2) Affidavit of Heirship, (3) Affidavit of Marriage, (4) Financial Affidavit.
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Canon Law: Notary C. 483
Canon Law calls the Notary public - The Chancellor, Notary or Other Notaries (cc. 482-491)
Notaries: The Chancellor and vice Chancellor are also the notaries and secretaries of the curia.
Canon 482 - § 3. By reason, of being chancellor and vice chancellor they are notaries and secretaries of the curia.
Canon 483 - § 1. Besides the chancellor, other notaries can be appointed whose writings or signature establishes authenticity for any acts, for judicial acts only, or for acts of a certain case or affair only.
- § 2. (……………)…….. , the notary must be a priest. And the chancellor need not be a priest as in the 1917 code (CIC 372, §1).
Commentary
The areas of competence for these notaries should be indicated in their letters of appointment. The general function of an ecclesiastical notary is similar to that of a civil notary or notary public. By the act of signing a document the notary attests to its authenticity. The range and variety of acts and documents that a notary will encounter and authenticate will depend on the nature of the diocese and the position description for the individual. Since the notary’s signature authenticates documents, there must be no hint of dishonesty or taint of suspicion regarding his or her character. Therefore, the chancellor and other notaries are to be people of unimpaired reputation. The chancellor (s), notaries are to maintain the levels of confidentiality required of the position by promise.
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Functions of the Notaries
Canon 484 – It is the duty of notaries:
- to draw up the acts and instruments regarding decrees, dispositions, obligations, or other things
which require their action;
- to record faithfully in writing what has taken place and to sign it with a notation of the place,
day, month, and year;
- having observed what is required, to furnish acts or instruments to one who legitimately
requests them from the records and to declare copies of them to be in conformity with the original.
Canon 485 – The chancellor and other notaries can be freely removed from office by the diocesan bishop, but not by a diocesan administrator except with the consent of the college of the consultors.
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1. What is to be keenly observed when an affidavit is submitted by a Notary public before a Parish Priest goes for Prenuptial enquiry through the marriage banns?
Address of the Notary
I, Mr/Mrs………………Advocate and Notary, hereby certify that on this day of the date………..in this month of……..20…., the above signatories appeared before me and admitted that the facts stated above are true and correct. And they signed this document of affidavit in front of me.
Present Notarial Registry Ref:
Notarial Present Action Number and Date:
Notary Registration and Validity Date:
Area of Practice or If extension of Practice (CCG):
Signature of the Notary and Advocate
Notarial Seal
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NOTE: Infront of the name of the woman there should be husband’s family name and there should be her father’s family name in the ( ) bracket followed by her name. (2) All the papers, along with main STAMP paper, should be affirmed by the NOTARIAL seal and SIGNATURE of the NOTARY.
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