What is an Affidavit And How do I Complete one?

Affidavits are used in law, business, finance and more. Although affidavits are common, many people don’t actually know what they are or how to complete one correctly. If you are one of these people, don’t worry, you’re in the right place.

If you need to produce an affidavit and require a solicitor to witness the signing, please don’t hesitate to contact one of our solicitors on 0203 007 5500.

What is an affidavit?

An affidavit is a written statement from an individual, which is sworn to be true. The document is an oath from an individual that they recall a situation truthfully. It’s used alongside witness statements to prove the truthfulness of a statement in court.

When should an affidavit be created?

The following reasons are common examples of when you’ll need an affidavit.

• Divorce proceedings. For example, to state that both spouses agree to dissolve the marriage. 
• Property disputes. To outline how somebody came to inherit or purchase a particular property.
• Debt cases. To lay out the circumstances leading to the debt.

Affidavits are a required document for disputes in court. You will receive a notification if you need one for your case, usually through your solicitor.

If you have a dispute matter you may find our civil litigation page helpful to understand more about your specific case. 

How to complete an affidavit?

The main thing to ensure when you’re completing an affidavit is that you fill out the document honestly. It’s essential to set out your account of the facts/events precisely. Upon completion, double-check your document for accuracy.

A legally binding oath accompanies an affidavit, which is why there’s an emphasis on completing it correctly and truthfully.

What happens if you lie?

Saying something untrue in an affidavit is technically a violation of the law, and you can receive a fine or even a prison sentence.

Completing the document is essentially the same as appearing on the stands in a court proceeding. As a result, if you lie under oath, you are committing perjury.

However, it’s important to note that the court can’t penalise someone for failing to include information they were unaware of.

How much does it cost?

A solicitor usually charges a fee to witness a signing. At Britton and Time, we charge £65 per affidavit sworn or affirmed and the appointment typically takes 30 minutes.

There is no charge for in-court signing.

Who can witness me signing an affidavit?

An individual must sign the document in front of someone with the power to witness an oath. This process is to confirm that signatures are valid.

Examples of people with this power include a solicitor, notary, or judicial officer.

Any current legal representatives can’t witness your signing. You need an independent party to witness.

To ensure you’re following legal processes correctly, we recommend having an affidavit looked over and signed in the presence of a solicitor.