What Is An Affidavit?

Summary

You’ve probably heard the word affidavit, maybe bellowed at the top of a purple-faced executive’s lungs in a knockabout Hollywood family film. As with most legal jargon you would have some vague notion of them being serious, but not entirely understanding the context of when they’re used and the consequences of someone taking one out. This article aims to clarify the concept of affidavits, providing a clear explanation of what they are, their purpose, and the steps involved in creating one. The purpose of an affidavit is to swear that the contents of a witness statement you have provided are true to the full extent of your knowledge and that you are holding nothing back. They are extremely serious because you are making an oath to the courts that what you say is true. If you knowingly mislead or lie to the courts in your affidavit you may be prosecuted for perverting the course of justice. The maximum penalty for perverting the course of justice is imprisonment. Even if you get a few facts wrong or complete your affidavit improperly there could be consequences. Affidavits are usually used when you’ve been asked to give information relating to a court case. They are required when.

Key information

• •Property disputes over how someone came to inherit a property, often when an invalid will is involved.
• •Financial cases, especially related to outstanding debts
• •When spouses agree to legally annul their marriage.
• •Details of the person making the case
• •Their occupation and address
• •A statement that they are over the age of 18, or a statement of their age if they’re under 18
• •The evidence (i.e. facts that the witness can prove)
• •The dated signature of the witness
• •A jurat, where the Commissioner of Oaths or a solicitor verifies that the affidavit was sworn in the correct manner under the law.
• •Make sure the document is titled as an affidavit
• •Include your details: name, age, address, occupation
• •Write your statement in plain English in the first person, state the facts, and avoid your personal opinion

Practical guidance

• •Source: [What Is An Affidavit?](https://lawhive.co.uk/knowledge-hub/litigation/what-is-an-affidavit)

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