When presenting a witness statement in court, you usually need to submit a written statement swearing it is true to the best of your knowledge. This is called an affidavit.

An affidavit must be sworn before someone authorised to commission oaths, such as a solicitor or notary public.

Jump to…

  1. What is an Affidavit?
  2. What’s the Difference Between an Affidavit and a Statutory Declaration?
  3. Who can Administer an Oath for an Affidavit
  4. Does an Affidavit Need to Be Notarised?
  5. Process for Legalising an Affidavit

What is an Affidavit?

An affidavit is a written statement that you swear to be true before an authorised professional, generally a notary public or solicitor. 

Affidavits are used in legal proceedings and usually accompany a witness statement. By presenting information in an affidavit, you make it legally significant so it can be used as evidence. 

You will have to sign the document and swear that the contents are accurate to the best of your knowledge. It’s crucial to ensure there is no false information in the statement.

What’s the Difference Between an Affidavit and a Statutory Declaration?

An affidavit and a statutory declaration are both statements of truth that may be used in court proceedings. The difference is that an affidavit is sworn whereas a statutory declaration is simply declared before a solicitor or notary public. Those who do not wish to swear an oath for religious reasons can present a statutory declaration in court.

Who can Administer an Oath for an Affidavit

If you intend to use the affidavit in the UK only, the oath can be administered by a solicitor or Commissioner for Oaths for a standard fee of £5. Please note we also charge £30 plus VAT for an appointment fee.

When you need to submit your affidavit abroad, it must comply with the recipient country’s regulations. Therefore, you should request notarisation from a notary public. 

Does an Affidavit Need to Be Notarised?

An affidavit needs to be notarised if you intend to use it abroad. The notary public can administer the oath and apply the notarial certification.

Process for Legalising an Affidavit

The process for legalising an affidavit typically involves the following steps:

  • Prepare the affidavit: Your statement must be written in plain and comprehensible English. For more information on this, read our guide to notarising an affidavit
  • Appointment with a Notary Public: Schedule an appointment with one of our qualified notaries in London Victoria, Canary Wharf, or Surrey
  • Notarisation (if required): We will witness your signature on the document. 
  • Document Return: You can leave with your notarised affidavit the same day and proceed to use it in court or another legal context.

If you’re looking for a Commissioner for Oaths or a Notary Public for your affidavit, contact us today. We’ll ensure your statement is legally recognised.

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