Free Affidavit

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Create Your Free Affidavit

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Affidavit

Create your Affidavit or Statutory Declaration


Create your Affidavit or Statutory Declaration



Frequently Asked Questions
What is an affidavit?An affidavit is a voluntary written statement where a person lists facts that they know to be true.

If you are unsure if you should use an affidavit or a statutory declaration, use an affidavit.
What is a statutory declaration?A statutory declaration is a voluntary written statement where a person lists facts that they know to be true. It is usually used for matters outside of court to satisfy legal requirements where no other documentation or evidence is available. Some examples include providing evidence of nationality or marital status.

If you are unsure if you should use an affidavit or a statutory declaration, use an affidavit.


Your Affidavit

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Affidavit Information

Alternate Names:

An Affidavit is also known as a:

  • Sworn statement
  • Sworn affidavit
  • Statement under oath
  • Notarised statement

What is an Affidavit?

An Affidavit is a written statement of facts that a person signs under oath. Often, courts use this type of document as evidence in legal proceedings.

To sign an Affidavit under oath, a commissioner for oaths, such as a notary, solicitor, or authorised member of court, must witness and sign it with you. Signing this document under oath means you are swearing that the listed facts are true. If a court determines that you have not been truthful in your Affidavit, you can be held responsible for making a false statement.

What is a Statutory Declaration?

A Statutory Declaration is similar to an Affidavit as it is also a written statement of facts that a person voluntarily signs under oath. However, people typically use Statutory Declarations to satisfy legal requirements in situations that are outside of a court of law.

If no other evidence is available, people can use a Statutory Declaration to show proof of personal matters such as nationality or marital status. In the United Kingdom, Statutory Declarations are sometimes used in the process of legally changing your name.

What is the difference between an Affidavit and a Statutory Declaration?

Affidavits are typically used in court while Statutory Declarations are not. You can use either document to create a statement of facts. However, a Statutory Declaration is typically used for verifying personal information in non-court legal settings.

If you are unsure about whether you should use an Affidavit or Statutory Declaration, use an Affidavit.

What is the purpose of an Affidavit?

During legal proceedings, you can use an Affidavit to present your statement of facts. A court of law can then use it as evidence. Affidavits are used in situations when an individual needs to provide information that they know to be true, based on their knowledge.

Because an Affidavit is a statement made under oath, a court can treat your statement of facts as if you provided it verbally while testifying in court.

Who makes an Affidavit?

If you're providing the sworn statement of facts, you're called the affiant. You can create an Affidavit with or without the help of a lawyer. However, having a lawyer look over your legal documents can protect your interests.

Although you can create your statement of facts, a commissioner for oaths must sign and witness the Affidavit with you to validate the document. If you don’t sign your document correctly with an individual who can administer oaths, it will not be a sworn statement under oath and therefore will be invalid in court.

When should I use an Affidavit?

You can use an Affidavit in a variety of different circumstances. Sometimes, people use them when filing or responding to a court case. Often, courts can request that you provide an Affidavit, making it mandatory. A court might request one during debt cases, divorce proceedings, or land and other property disputes. In some circumstances, a lawyer can provide your Affidavit to a court during legal proceedings, so you don’t have to appear in person.

Should I attach other documents to my Affidavit?

If you refer to additional documents, sources, or records in your facts, you should attach them to your Affidavit. For example, if you reference a photograph in one of your facts, then you can label it and staple it to your printed Affidavit, and it would also be sworn as part of your Affidavit. When creating an Affidavit, keeping all of the necessary documents and records organised is important.

How do I sign an Affidavit?

When you sign an Affidavit, you are swearing under oath that the statements written in your document are true. Before you sign, understand the significance of signing an Affidavit and swearing under oath. The most crucial part of signing an Affidavit is doing so with a person who can commission oaths, such as a solicitor. This person must sign and witness the Affidavit with you to validate your document. If your document is not properly signed, it will be incomplete and, therefore, will be invalid in court.

Do I need a lawyer to write an Affidavit?

To write an Affidavit, you do not need a lawyer. However, having a lawyer review any legal document is always a good idea. You can create your Affidavit with LawDepot and have a lawyer review it later. LawDepot’s Affidavit template accounts for personal information, the statement of facts, jurisdiction information, and signatures.

What should I include in my Affidavit?

Typically, your Affidavit or Statutory Declaration will include:

  • Your name and address
  • Your statement of facts
  • The jurisdiction or country where you will use the document
  • Court level, case or claim number, and jurisdiction (if the document is being used in court)
  • Information about the parties in a court case (if the document is being used in court)
  • Your signature
  • A signature from the solicitor, notary, or commissioner for oaths
  • The date the document was signed

How do I write an Affidavit?

When creating your document, you should only include truthful information. Being honest in legal documents is extremely important and can save you from fines or further punishment. An Affidavit should not include your personal opinions and should focus on relevant information only. Affidavits are statements of facts and, therefore, you should not present your speculations as fact.

In an Affidavit, organize your facts chronologically. Ideally, each paragraph should contain one fact, so it is easier to refer to specific facts during discussions. You should provide all the necessary information while also being concise. Eliminate any information or facts that are not relevant to your circumstances. Some people provide background information within Affidavits, such as an explanation as to why they are making the statement.

Related Documents:

  • Separation Agreement: Separate you and your spouse’s property and debts before a divorce.
  • Last Will and Testament: Describe how you would like your property and possessions divided after you pass away.
  • Power of Attorney: Appoint someone to manage your business, financial, real estate, or personal matters on your behalf.
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