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Overview of the Affidavit

You may be required in certain situations to give a sworn written statement. This form contains everything you need to create a general affidavit. Make sure that you sign and swear in front of someone commissioned to receive oaths (eg a solicitor) who must also sign. Swear to a statement of truth using this affidavit form.

Use this general affidavit:

  • if you need to make a formal sworn statement about a particular situation which must be accurate and truthful; or
  • if you need to produce a sworn affidavit in court proceedings, eg probate or divorce

This affidavit allows you to include all the facts and beliefs that you want to swear to.

 

An affidavit is a written statement from an individual which is sworn to be true (an oath) which is signed by the affiant (the person making the oath) and also a notary public or other judicial officer that administered the oath. An affidavit must be made voluntarily and under either a religious oath or an affirmation. It is therefore required to be signed in front a person commissioned to receive oaths under legislation, eg. a solicitor.

You will normally need to use affidavit along with a witness statements to prove the truthfulness of a certain statement in court. You may need one in civil proceeding or when the court requires you to make an oath to tell the truth when giving oral evidence at trial and when you make an oath to verify one or more written statements of fact.

Use this general affidavit by:

  • making the sworn statement of truth
  • printing and swearing in front of a solicitor or other person commissioned to receive oaths (eg a licensed conveyancer)

An affidavit is a religious oath (sworn on the bible for example) or an affirmation if there is no religious belief.

The content of an affidavit should be your personal knowledge of the situation. In some circumstances, personal knowledge can include personal opinion rather than fact, however, it must be stated that this is simply opinion and not fact. As the document is accompanied by a legally binding oath, it is imperative to ensure that the facts are clearly and accurately represented. If you are unsure what the content of the statement should be Ask a lawyer.

An affidavit can be requested in any dispute before a court such as divorce proceedings, property disputes and debt cases. In some circumstances, the use of an affidavit is mandatory and set out in legislation. Examples of mandatory affidavits include applications for search orders or freezing orders.

In most cases, there is a requirement that an affidavit must be signed in the presence of solicitor or in front of a notary public or judicial officer.

Falsely swearing an affidavit is punishable under the Perjury Act. If you knowingly make a false statement included in an affidavit, you may be found to have committed contempt of court. It is punishable by fine or imprisonment or both.

Ask a lawyer if:

  • a statutory declaration or witness statement has been requested as, in that case, an affidavit should not be used

This affidavit is governed by the law of England and Wales.

Other names for Affidavit

Sworn affidavit or Sworn statement.