Affidavit

Overview

A sworn written statement about a particular situation that can be used in court proceedings or otherwise. A vital requirement in many family law matters.

What is an affidavit?

An affidavit is a sworn written statement that you are often required to make regarding a particular situation. It can be used in court proceedings or other matters, and is often a vital requirement of many family law matters.An affidavit must be made voluntarily and under either religious oath or affirmation. It is therefore required to be signed in front a person commissioned to receive oaths under legislation, eg. a solicitor.

What does an affidavit cover?

A affidavit can cover a host of things, and the content should contain your personal knowledge of a particular situation. It is vital that the facts and opinions contained therein are clearly and accuractely represented, as the affidavit will be accompanied by a legally binding oath.

When should I use an affidavit?

An affidavit can be required in any family dispute before a court such divorce proceedings, child disputes, property disputes, debt disputes and more. There are situations where an affidavit is mandatory and set out in legislation.  You may even want to use an affidavit to make a truthful statement outside of court proceedings.

Do I need an affidavit?

You will normally need an affidavit, along side your witness statement, to prove the truthfulness of a certain situation in court. You may need one in civil proceedings or when the court requires you to make an oath to tell the truth.

Further information

Your affidavit will have to be signed in the presence of a solicitor or in front of a notary public or judicial officer.

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