Affidavit of Civil Status Template Philippines: Free Sample & Guide

What Is an Affidavit of Civil Status?

An Affidavit of Civil Status is a sworn statement in which a previously-married affiant declares their present civil status — and the facts that brought it about. It is used when an office, bank, civil registrar, or court asks for a sworn statement of marital status to support another transaction.

It is also commonly searched for as an Affidavit of Marital Status or simply a civil status affidavit. People often look for it by the specific situation, too — an Affidavit of Widowhood (or Affidavit of Surviving Spouse) for a widowed affiant, an Affidavit of Civil Status after annulment, or an affidavit for a legally separated spouse. These are the same notarized statement under different names. Filipinos who know sworn documents by their Tagalog name will recognise it as a kind of Sinumpaang Salaysay, sometimes a Sinumpaang Salaysay ng Katayuang Sibil — the same oath and the same legal weight, whether titled in English or in Filipino.

This affidavit is specifically for someone who was married. If you have never been married, use the Affidavit of Singleness instead, which declares that you have never contracted marriage.

Affidavit of Civil Status vs. Affidavit of Singleness

The two are companions, and choosing correctly is the first step toward an honest affidavit:

• Affidavit of Singleness — for an affiant who has never been married. It states that no marriage was ever contracted.
• Affidavit of Civil Status — for an affiant who was married and whose status has since changed: widowed, annulled or declared void, legally separated, or covered by a recognized foreign divorce. It states the prior marriage and the present status accurately.

An affidavit is a sworn statement. Declaring a status that is not true — for example, swearing you have never been married, or that you are single and free to remarry when the law does not yet treat you that way — can expose the affiant to liability for perjury. State only what is true and supported by your records.

The Four Situations It Covers

One Affidavit of Civil Status covers four distinct situations, and the law treats each differently — especially on the question of whether the affiant is free to remarry:

• Widowed — the spouse has died. The present status is widow/widower. The death is typically supported by the PSA death certificate of the spouse.
• Annulled or declared void — a Philippine court annulled the marriage (a voidable marriage) or declared it null and void. Once the decision is final and executory, the affiant is single and capacitated to remarry. This is supported by the court decision, the certificate of finality, and the annotated PSA marriage record.
• Legally separated — a court issued a decree of legal separation. Important: legal separation does not dissolve the marriage. The marital bond subsists and the affiant is not capacitated to remarry; the present status is legally separated.
• Recognized foreign divorce — a divorce was validly obtained abroad. Under Article 26, paragraph 2 of the Family Code, it must be judicially recognized in the Philippines before it affects civil status here. Only after recognition can the affiant be considered single and capacitated to remarry; until then, the affidavit should say recognition is still required.

Required Elements of a Philippine Affidavit of Civil Status

1. Affiant's identity — full name, citizenship, age (of legal age), and address
2. Prior-marriage clause — that the affiant was lawfully married to the named spouse, with the date and place of marriage
3. Status-changing facts — the death of the spouse, the court decision (annulment / nullity / legal separation), or the foreign divorce and its recognition, as applicable
4. Present civil status — stated honestly, with capacity to remarry asserted only where the law allows it
5. Purpose clause — why the affidavit is executed and, where relevant, the office or transaction it is for
6. Jurat — the "SUBSCRIBED AND SWORN" block completed by the notary public, plus the notarial register entries

Free Sample — Affidavit of Civil Status (Widowed)

It Does Not Replace Your PSA or Court Records

An Affidavit of Civil Status is your own sworn declaration — it does not stand in for official records. Depending on the receiving office, you may still be asked for:

• A PSA Marriage Certificate for the prior marriage;
• The PSA Death Certificate of the spouse, for a widowed affiant;
• The court decision and certificate of finality for an annulment or declaration of nullity, with the annotated PSA marriage record;
• The recognition decision and annotated records for a foreign divorce; and
• A PSA CENOMAR / Advisory on Marriages, an apostille, or a certified translation — especially for a marriage to be celebrated abroad.

For transactions abroad in particular, embassies and foreign civil registrars often want PSA documents and apostilles, not merely a notarized affidavit. Confirm the exact list with the office that will receive the documents before you rely on the affidavit alone.

How to Draft a Strong Affidavit of Civil Status

1. Use your full legal name and current address exactly as they appear on your government ID.
2. State the prior marriage plainly — the spouse's name, and the date and place of marriage.
3. Match the clauses to your actual situation — widowed, annulled or void, legally separated, or recognized foreign divorce — and claim capacity to remarry only where the law allows it.
4. Name the purpose — the marriage license, the estate settlement, the bank, or the specific office the affidavit is for.
5. Bring a valid ID and sign before the notary — never sign in advance; the notary must witness the oath to complete the jurat.

Frequently Asked Questions