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Lesson 13

An affidavit is a sworn written statement used to affirm the truthfulness of certain claims in court, typically requiring personal knowledge from the individual making the statement. It can be provided by anyone with mental capacity and is necessary in various legal situations such as divorce, property disputes, and debt cases. The affidavit must be completed accurately and signed in the presence of an authorized individual to ensure its validity.

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14 views2 pages

Lesson 13

An affidavit is a sworn written statement used to affirm the truthfulness of certain claims in court, typically requiring personal knowledge from the individual making the statement. It can be provided by anyone with mental capacity and is necessary in various legal situations such as divorce, property disputes, and debt cases. The affidavit must be completed accurately and signed in the presence of an authorized individual to ensure its validity.

Uploaded by

Pamela Bahia
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Lesson 13

Affidavits

Affidavits

An affidavit is a written statement from an individual which is sworn to be true. It is an oath that what
the individual is saying is the truth. An affidavit is used along with witness statements to prove the
truthfulness of a certain statement in court.

Who can offer an affidavit?

An individual can offer an Affidavit, as long as they have the mental capacity to understand the
seriousness of the oath. The contents of an affidavit reflect the personal knowledge of the individual
making the statement. This means that an individual making an affidavit cannot be penalized for failing
to include information of which they were not aware.

Personal knowledge can in some circumstances, include personal opinion rather than fact.

In certain cases, an affidavit can be offered on behalf of somebody else. This may be the case in relation
to the guardianship of an individual who is severely mentally ill.

When should an affidavit be used? You are required to use an affidavit in the following circumstances:

 Divorce proceedings, eg that both spouses have agreed to dissolve the marriage.

 Property disputes, eg how somebody came to inherit or purchase certain property.

 Debt cases, eg the circumstances leading to the debt and the fact that the debt is still outstanding.

An affidavit is a required piece of documentation in any dispute before a court. You will be prompted on
their use when the rules of the court require them.

Completing an affidavit.

When completing an Affidavit, you must ensure that you set out your account of the facts/events exactly
as they happened. Take care to ensure that you have read the affidavit to ensure that it is correct.

As the document is accompanied by an oath that is legally binding, it is imperative to ensure that the
facts are clearly and accurately represented. If any errors are found in the affidavit, they should be
corrected before the affidavit is signed. This is a condition, regardless of whether it is convenient for the
officials taking down the information and witnessing the document. For the requirements for the form
and content of an affidavit.
If an individual knowingly makes a false affidavit by making a statement which is false, then they can be
found to have committed contempt of court.

Execution of an affidavit

If an individual is completing an Affidavit, then in most cases, the document must be signed in the
presence of a solicitor or other person commissioned to receive oaths (eg a notary public or another
judicial officer who has administered the oath). The purpose of this is to check that your signature is
valid.

Examples of Affidavit

1. Affidavit of Loss

2. Affidavit o Facts alleged in motion

3. Affidavit of Adverse Claim

4. Affidavit of Birth

5. Affidavit Illegitimacy

6. Affidavit of Undertaking

7. Affidavit of Income

8. Affidavit of Identity

9. Affidavit of Naturalization

10. Affidavit of

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