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Affidavits are very common as they’re used in law, business, finance and more. However, although affidavits are common, many people don’t 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.
This article will outline what an affidavit is and how to complete one correctly. If you need to produce an affidavit and need a solicitor to witness the signing of the document, please don’t hesitate to contact one of our solicitors directly on 020 3007 5500, or submit a contact form.
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. Furthermore, it’s used alongside witness statements to prove the truthfulness of a statement in court.
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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 have agreed to dissolve the marriage.
- Property disputes. To outline how somebody came to inherit or purchase a particular property.
- Debt cases. To layout the circumstances leading to the debt.
For any dispute in court, an affidavit is a required piece of documentation. You will be prompted on their use when the court requires them. If you have a dispute matter it may be beneficial to navigate to our civil litigation page to understand more about your specific case.
How to complete an affidavit?
The main thing you must ensure when you’re completing an affidavit is that you’ve filled out the document honestly. It’s essential to set out your account of the facts/events precisely as they happened. Once completing the document, take care to ensure that you have read the affidavit to make sure it’s correct.
The importance of making sure the document is correct is because a legally binding oath accompanies an affidavit.
What happens if you lie?
Saying something that is not true in an affidavit is technically a violation of the law, and you can be fined or even imprisoned for committing perjury. Completing the document is essentially the same as appearing on the stands in a court proceeding. As a result, lying is deemed as ‘perjury’ because you have lied under oath.
However, it’s important to note that the court can’t penalise an individual for failing to include information of which they were not aware.
How much does it cost?
Suppose you sign your affidavit in front of a solicitor. In that case, a solicitor will usually charge a fee. The price that our solicitor’s charge is £65 per affidavit sworn or affirmed. Although, there will be no charge if the process is done at court.
Remember...
An individual must sign the document in front of an individual with the power to witness an oath. Examples of individuals with this power is a solicitor, notary, or judicial officer. An individual, such as a solicitor, will need to witness the signing to authorise that the signature is valid.
How can Britton and Time Solicitors help?
To ensure legal processes are followed correctly, we recommend having an affidavit looked over and signed in the presence of a solicitor. Book an initial consultation with us and you shall receive:
- Unlimited time to go through the details of your case and ask any questions you may have
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
To arrange your consultation with one of our solicitors, simply call us on 020 3007 5500.
Very helpful information about what is an affidavit. I needed to know how to How to complete an affidavit and this told me everything I needed. Thank you Britton and Time Solicitors!
Hi Hannah, thank you for your comment about our affidavit article. I’m glad you found it useful.
I always thought affidavits were an American thing, but clearly not! Id only ever heard of them in movies until needing one myself lol.
Is there a difference between an affidavit and a statement of truth?? The lady at the bank wasnt very helpful when they told me i needed one or the other
Thank you so much for explaining what an affidavit is. The blog was really informative and to the point.
Hi Roger,
Thank you for your comment about our affidavit article. I’m glad you found this information useful.
Kind regards,
Dominic
It is indeed very helpful information about what an affidavit is. I can teach better now as a lecturer in law teaching Legal Drafting. Thank you Britton and Time Solicitors! Much appreciated.
I actually got divorced from my husband nearly 7years ago and I had 3 kids with him now I got married and I got one baby I need to apply asylum for my husband and I don’t have divorced cirfacatd to pride
This is an excellent blog.It talks about What is an Affidavit And How do I Complete one?
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