An affidavit often carries the same legal weight as live testimony in a court of law.
To submit one to a court is to affirm, under penalty of perjury, that its contents are nothing but the truth. Therefore, a high bar exists when creating an affidavit in the UK. It’s a formal process with strict requirements from document preparation to notarisation.
In this post, we’ll guide you through the affidavit creation process and how to get it ready for use as sworn evidence in the UK and abroad.
What is an affidavit in the UK?
An affidavit is written evidence for use in legal proceedings.
Conceptually, it compares to the evidence one would give to a UK court, live in the witness box, except it’s a written and sworn document.
An affidavit in the UK must contain a written statement of facts and the signatures of the deponent (the person making the statements). It must also be sworn before an authorised person.
Affidavit vs statutory declaration
Affidavits and statutory declarations are both legally binding written statements. However, they differ in the following ways:
Common situations that require an affidavit
In the UK, the use of affidavits is common in family law, property and land disputes, insolvency proceedings, Applications for Probate, and when dealing with lost/missing documents.
Examples of the affidavits you’ll require in these cases include:
Internationally, the use of an affidavit may be required in various legal and financial matters, including property transactions, international banking requests, immigration applications, and to prove a name change.
Who can witness an affidavit in the UK?
As mentioned earlier, an affidavit in the UK is sworn under oath or solemn affirmation. Therefore, a Commissioner for Oaths is required.
Generally, solicitors in the UK act as Commissioners for Oaths. You can also use judicial officers or other officers of the court authorised to receive oaths.
However, if you want to use the affidavit overseas, using a notary public is better, as they are recognised internationally.
Additionally, there are restrictions that you should bear in mind. A person related to the deponent is not permitted to witness an affidavit. Furthermore, the solicitor acting for the deponent in the legal matter is not allowed to witness the affidavit.
How to draft an affidavit (UK format)
The UK format for drafting an affidavit, for which a template example is provided later on in this post, requires the following content:
The golden rule is that the affidavit should only contain facts you know to be true. Also, you should avoid engaging in legal arguments, steering clear of speculation and emotional statements.
When drafting the affidavit, the writing style and tone should be:
Further, you must provide exhibits. An exhibit is a document you’ve referenced in the affidavit and attached as evidence. Examples of exhibits include a bank statement, a passport copy, an email, and a contract.
Signing and swearing an affidavit for legal use
Once the document has been drafted, the signing and swearing processes follow, and you must complete them in the presence of an authorised legal professional.
Confirmation of Identity and Administration of the Oath
The witness (usually a Commissioner for Oaths or solicitor) verifies your ID, confirms you’ve read and understood the contents of the document, and that you’re taking the oath voluntarily.
If everything is in order, the witness proceeds to administer an oath or affirmation.
You will take an oath holding a religious text. Alternatively, you can repeat a set phrase stating the contents of the affidavit are true (an affirmation).
The Signing of the Affidavit
The signing process takes place after taking the oath/affirmation.
You (the deponent) will:
The witness will then sign the document and complete the Jurat, stating the place, date, and method of swearing. They will also stamp the affidavit and all the exhibits.
The above steps are essential for authenticating an affidavit for legal use, as they confirm that it was properly sworn before a competent and authorised legal professional.
How much does it cost to get an affidavit in the UK?
The costs vary because you must account for both statutory and professional fees.
Statutory fees for witnessing are fixed by law and are £5 per affidavit and £2 per exhibit.
However, professional fees for drafting and review will depend on the office and the complexity/length of the document. Hourly rates for solicitors in the UK generally start at £139 and can top £500 for experienced professionals.
Using an affidavit overseas (legalisation & translations)
Drafting and swearing your affidavit correctly in accordance with UK laws is not a guarantee that overseas institutions will accept it. You must prepare it for international use.
Some jurisdictions may require certified or sworn translations. In that case, you must get the affidavit translated and a sworn declaration affirming its accuracy and completeness.
The next step is to have a notary public (an internationally recognised legal professional) sign the affidavit. If a notary public witnessed the affidavit during the swearing-in phase, you’re already set (if the destination country doesn’t require translations).
You’ll then be ready to get the document legalised for use abroad, which requires you to:
The FCDO has registered apostille agents/facilitators, so you don’t have to navigate government bureaucracy alone when trying to apostille an affidavit or any other document.
We are London Apostille Services Ltd, an FCDO-registered apostille agent with 15+ years of experience facilitating document legalisations for various destinations. We can also connect you with reliable public notaries and certified translators.
Contact us today to have your affidavit apostilled. Our team will handle the entire process on your behalf and complete it quickly with our next-day apostille service.
Example: UK affidavit template(s)
For illustration purposes, here’s how you can structure your general UK affidavit. This is not legal advice; it’s best to consult a legal professional for tailored help when drafting or reviewing an affidavit.
| CONTENT | EXAMPLE |
|---|---|
| The Title | In the Matter of the Estate of Ned Stark |
| Commencement | I, Jon Snow, of the Night’s Watch, make oath, and say as follows |
| Evidence | The facts deposed to in Paragraphs 1 to 6 of this affidavit are within my own personal knowledge.
1. On [date], I attended a meeting… |
| Exhibits | Marked “A” is a copy of the meeting minutes… |
| The Jurat | Sworn at County of [address of the solicitor/notary] this day of [date]
Before me, [signature of witness] |
Frequently asked questions (FAQs)
Here are answers to some of the common questions about the process of creating an affidavit in the UK:
Getting professional help with your affidavit
As we’ve established, an affidavit has significant legal weight. To avoid the consequences of it being rejected, you must draft, sign, and swear it correctly. It’s best to rely on professionals throughout the whole journey to avoid common mistakes.
Additionally, if you want to use the affidavit internationally, it must be legalised for such use.
At London Apostille Services Ltd., we can lend you the time and expertise of our internal team, as well as the professionals in our network (solicitors, notaries, and certified translators), to ensure your affidavit is notarised and apostilled quickly and properly.
Contact our team to get your affidavit apostilled. We do everything correctly the first time to avoid the possibility of a foreign authority rejecting your affidavit.
