An affidavit is a sworn legal statement documented in writing and is used in legal matters witnessed by other parties. This written statement verifies an individual’s information and indicates that the information a concerned individual swears about is accurate. This statement is made willingly by the individual and needs to be signed in the presence of other parties who will serve as witnesses to be considered valid and abiding by the law. The individual, however, must have this statement signed by a law office with the veto power to give such oaths. Once this occurs, it binds the individual to the factuality of the recorded information, whatever it may be.
Everyone, at some point, will need to write an affidavit for evidence or as a declaration of the truthfulness of personal information. An affidavit affirms the reliability of personal information, which could be anything about the individual, an attestation of marriage, current residence, ownership, birth, death, evidence on trial cases, etc. However, the affidavit must be notarized to remain valid and generally contain information an individual will attest to, even in court scenarios.
Why Would You Need an Affidavit?
Contrary to what people may be familiar with, an affidavit can be used in different scenarios. In some situations, an affidavit can go as far as representing your physical presence in a legal proceeding.
Prevalent scenarios where to write an affidavit is needed include:
- Writing an affidavit is necessary when it’s necessary to effect changes in your name or adopt a new name. Your affidavit would serve to legalize and validate the changes you may have made to your name. In addition, a legal change of name requires this document to validate that the request for a change of name is not for defrauding another party.
- You will need to write an affidavit to verify a document or your address to any organization that may need the document to verify your claim.
- Writing an affidavit would be necessary when you are applying to work with a government organization.
- As a substitute for a birth or death certificate.
- As evidence of a court trial or hearing, you must write an affidavit.
- To write an affidavit is necessary as proof of identity in cases where identification mediums, cell phones, or SIM cards were lost or stolen.
- When entering into a contract agreement, for whatever purpose.
- Claim an inheritance as an heir, with the affidavit confirming the relationship between you and the deceased.
- Affirm your business earnings and competence.
How to Write an Affidavit?
Like every valid and acceptable document should follow a standard, an affidavit is not much different from other documents. However, to write an affidavit that must be considered a genuine testimony of truth, you need to be familiar with some essential components a simple affidavit should contain.
The following information can be included in all types of affidavits:
Insert a caption
Identifying the cause or the type of affidavit you are writing is the first step to writing an affidavit. So the heading at the top of the document is the case caption, which captures the identity of the affidavit. A properly written caption will hasten the recognition of your document from a pile of many. Create a centralized header in bold uppercase fonts to write a good caption, highlighting the court venue you use for affidavit authentication.
Title your statement
The title should be clear and concise and show that the document is an affidavit. The title is written at or close to the top of the first page if your statement has more than one page. You can title the document as “affidavit of (your type of affidavit)” to emphasize your reason for writing.
Write the state and country
To write an affidavit, it is necessary to mention the state and country of the court. Preferably, it should be aligned to the left side of the document.
Create a statement of identity
At this point, the individual’s identity tendering the affidavit is written. The affiant’s full name and other information are written in an affidavit. However, the information required will differ from the type of affidavit the affiant is tendering. The address, age, birth date, occupation, status are information that may be contained in a general affidavit.
Describe the facts in a numbered list
Your affidavit may run from a single page to several pages depending on the amount of information required. If you fill the affidavit with relevant information, this shouldn’t be a problem. When highlighting these facts, you should use first-person pronouns and state each fact in a separate paragraph. For linked facts, stating the facts together increases clarity. These facts should be numbered and described summarily, providing further references to events or supporting information as the need may arise. Assumption of information should not be included in your statement, as it may be a breach of honesty.
Write the statement of truth
A statement of truth is a short statement to validate that the information you are supplying in the document is pure truth. This assures that the affidavit includes the affiant’s facts on the presented subject. Write out the oath to further convince the notary public that your statement is written in all honesty.
Include any relevant exhibit or evidence
Add exhibits or supporting materials if you have any to bolster your claims. Attach these exhibits to the affidavit to demonstrate the reliance of your written statement, primarily if it is a court case. The more evidence you have on the subject as a witness, the better chances you have to emerge winning out of the court.
Reiterate your statement of truth
You have to give a statement again to reaffirm the truthfulness of your facts. This step is crucial in writing an affidavit, as it gives the notary further affirmation on the truthfulness of your claim presented in the affidavit.
Create a signature block
A signature block is simply a portion of the document that has a space where the signatures of involved parties can be taken. Spaces are made for the affiant, the witnesses to fill in their names, dates, and signatures. This portion of the affidavit is completed in front of the notary public and other witnesses.
Include a court clerk or notary signature block
The end of the statement should include a signature block for the clerk or notary public for the authentication of the affidavit. This portion should contain information that affirms that the affiant has given information that abides by the affidavit rules before the notary signs the affidavit. Validity requires the signature and notarization made by the notary public. Before the document is signed, the notary assesses the identification of the affiant and, before signing, thoroughly crosschecks the affiant.
The notary does this in two ways, depending on the location or state. This could be done using the acknowledgment method. Using this method, the presence of the affiant signing before the judge or notary public is not required. The affiant can sign before delivering the document to the notary to validate.
In some cases, a fellow can represent the affiant before the notary. The Jurat method is more rigid, where the affiant and notary sign the affidavit only in the notary’s presence. It strictly requires the physical presence of the affiant for the affidavit to be validated. These methods may vary between locations but are the accepted ways of validating an affidavit. The notary should add an official stamp to validate the certainty of the affidavit.
Types of affidavit
Different kinds of affidavits exist to solve particular problems uniquely. These affidavits fulfill their purpose of creation or intention at the time of need, individually. Some of the common kinds of affidavits include:
General affidavit
A general affidavit is all-encompassing, as it is tailored to be used for most situations that will require an affidavit. The affiant uniquely writes these affidavits to meet most of their personal needs at a time, without having to write and rewrite several affidavits to prove the validity of the affiant’s information. It is termed general because it meets the requirement of most legal situations. It follows the due process of any affidavit; only it is a one for all kind.
Affidavit of title
The affidavit of title shows when an additional title has been added and will make a difference when it is mentioned in the initials of the affiant. This is thought to go hand in hand with the affidavit of name or considered similar.
Affidavit of name change
This affidavit temporarily replaces official court documents that reflect a name change, usually in emergency cases. In addition, the affidavit shows when a new name is being included, changed, or removed entirely from an individual. Most people usually make these changes after marriage or divorce.
Affidavit of residence
This kind of affidavit is used by individuals who need to show detailed information of their residence to gain an advantage in circumstances requiring an affidavit to validate. Everyday situations that may need proof of residence are if the affiant seeks employment around some locations or for school children to be allowed to study in specific institutions.
Affidavit of domicile
The affidavit of domicile is used when it is necessary to prove ownership of the property to an organization when probing a will. The affidavit ensures that the residence is owned by the deceased upon their death. It is necessary to efficiently transfer assets to a mentioned heir, avoiding occasions of dispute when any arises.
Affidavit of a small estate
In some places, affiants may be required to provide an attestation to the size of an estate so it can be efficiently grouped under an authority. It is usually familiar with smaller-sized estates and is a more efficient way of distributing estates properly under appropriate authorities.
Affidavit of service
The affidavit of service documents that the affiant had successfully carried out a business transaction, especially with businesses involving the delivery of goods or services. In addition, this affidavit explains who did the delivery, and the recipient of the delivered service, to prove transparency.
Gift affidavit
The affidavit gives details or accounts of a package given by the affiant.
Child custody affidavit
As the name implies, this affidavit is required by a parent to show the custody of a child or children after a divorce scenario from a spouse. This shows under whose maintenance a child or children maybe, after some time.
Identity theft affidavit
This affidavit serves its purpose when the affiant’s identity has been stolen. Hence, the affiant will need to ensure contractors and business partners are aware of the situation. In addition, this affidavit will require the affiant to swear an oath, indicating that means of identification were stolen.
Affidavit of debt
This is utilized on most occasions by the lending party or organization to show that another party or organization is indebted to the affiant, who in this case is the lending party. This affidavit mentions the specific amount the secondary party owes the affiant. A more detailed document, like a contract document that highlights the transactions between both parties, is better.
Affidavits of death
This affidavit is needed after a deceased death. This is done to notify concerned organizations about the deceased’s death if a death certificate is not available as proof. Some organizations are specific about the need for a death certificate as proof. Some individuals use affidavits of death as an avenue to defraud unsuspecting organizations, especially when a large yield is involved.
Affidavits in divorce
To fully process a divorce, one of the requirements for the complete dissolution of the relationship is an affidavit, which holds the vital information of both parties concerning the income, debts, assets, expenses, and liabilities of the individuals. So the affidavit needed in this case can be likened to a financial affidavit. This will help the judge decide how the properties acquired within the period of marriage will be shared equally amongst both spouses.
Affidavit of marriage
This is used as a substitute for a marriage certificate. This affidavit declares that two people are legally married. It may be necessary when applying for a foreign visa or a joint account that needs a legally binding document as proof of the legality of the marriage between presented individuals.
Affidavit of heirship
This is similar to the domicile affidavit but used to prove the legal heirship if the deceased dies without a valid will. There should be some recognized relationship between the deceased and the heir for this affidavit to be considered. However, it works best when only an heir of the deceased is available. This type of affidavit is used in estate planning.
Affidavit of identity
They are used as proof of identity to accounts or legal properties. It is used in court cases in educational institutions to prove the affiant’s identity.
Affidavit for sweepstakes recipients
An affidavit is needed to confirm the winner’s identity before the sweepstake winner gets the award on most stake occasions. This ensures that the potential winner’s identity is in alliance with what was registered on the sweepstake form, that the contestant is legally registered and eligible to participate, and that the winners are not lying with their identities.
Best Practices
Writing an affidavit is straightforward and may pose less troublesome only if you abide by the governing rules of writing an affidavit. Some practices to keep in mind to ease your writing of an affidavit include:
Consult a lawyer
Having a lawyer guide on the document’s information is essential so that you don’t leave out the essential information while writing an affidavit. Before drafting an affidavit, call a lawyer to inform you of compulsory steps. This will save you from any trouble.
Be concise
An affidavit should be written as brief as possible. As much as you are divulging information, you should keep it concise and not a clumsy statement. Likewise, your facts should be stated in brief sentences to avoid a lengthy article.
Consult a sample
Have a sample to guide you on writing an affidavit. In addition, having a sample will help you write a good affidavit for your purpose and not out of context for your particular situation.
Be honest
On the affidavit form, honesty is a policy that must be employed. Giving wrong information may be disastrous and have a severe penalty attached, especially in affidavits of divorce, if a truth contrary to what was given is discovered. The affiant, in an affidavit, swears an oath of honesty, which when not adhered to, the individual is punishable by law.
Write in first person
Since the affidavit is about you, the affiant, write the article in the first person. Use first-person pronouns to show your participation and willingness to show you are ready to cooperate with the notary as an affiant. Your opening statement should start with “I ……” to prove that the information is accurate.
Stick to the facts
An affidavit is useless if it doesn’t contain the necessary facts the document should have. As much as you can, stick to essential facts necessary to be included in the affidavit, depending on the type of affidavit you write. Please adhere to the information necessary for your affidavit and stick to it. At least, a paragraph should fully explain a fact.
Number each paragraph
Your facts should be brief and then numbered in their sequence of appearance. You are writing an official affidavit, so your points should be sequential to give the notary the notion that you know what the document entails.
Organize your thoughts
Your thoughts should be well organized to ensure your facts are stated in a sequence and not disorderly. Your affidavit should contain an introductory segment highlighting your identity and a quick reason why you are drafting the affidavit in the first place.
Avoid inflammatory language
This is an official statement, so watch your language. Your application can be denied if as little as an informal word is used. Avoid the use of derogatory statements in their entirety when writing an affidavit.
Proofread
For every document, read and proofread the document again and again. Make corrections, edit some sentences, crosscheck for spelling and grammar errors, and make changes where needed. Your impression on the notary public is pertinent, and being perceived as being clumsy is not a sound impression you may want to put up, especially in cases like this.
Frequently Asked Questions
A statutory declaration is the same as an affidavit, with only the location districting them. While a statutory declaration is used in Australia, the United Kingdom, and Canada, the affidavit is primarily used in the United States and a few countries. They, however, serve the same purpose.
The parties involved in writing an affidavit include:
The affiant. The affiant is the individual who applies for the affidavit.
The court or legal personnel receiving the affidavit form or validating its usage
A notary public, whose signature validates the application of the affiant, to sign and seal the affidavit
Witnesses to certify or further authenticate the document
This is mainly dependent on the court or the location of the court. For example, some courts may require you to testify after presenting the affidavit; other courts in some places will not. Whatever the case may be, you will be duly notified of the following action to take after presenting the affidavit.
No one will be asked to sign an affidavit until over 18 years. After that, minors on rare occasions may be required to sign and must be present at the court if they are needed to sign an affidavit.
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