What is an Affidavit in England and Wales?

If you find yourself in a court proceeding or business dispute, you may come across the term ‘affidavit’. In simple terms, an affidavit is a written statement which you swear to be true. Understanding how and when one is used is important to be aware of at each stage of your dispute. This article will first explain what an affidavit is and when it is used. It will then offer some guidance on using an affidavit.

What Exactly is An Affidavit?

As mentioned, an affidavit is a legal document, including a sworn written statement. Specifically, you use an affidavit when a person gives evidence, showing that the person giving evidence has taken an oath. A court may also ask you to ‘offer’ an affidavit. Courts will use affidavits as additional evidence, usually alongside a witness statement. 

If you offer an affidavit, you are giving a declaration of your knowledge and beliefs at the time. Beliefs can include a personal opinion. However, if you state a personal opinion, you must make this clear in the document. As a result, you will not be held accountable for failing to provide information if you were not aware of it at the time.

Further, because affidavits include beliefs alongside knowledge, you will also not be accountable if your belief is mistaken (provided that you genuinely believed it). In this way, if you give a false statement that you genuinely thought to be true, you will also not be accountable. 

When is An Affidavit Used?

You can use affidavits in any dispute during litigation or court proceedings. However, they are common in:

• divorce proceedings;
• debt cases; and
• property disputes.

In divorce proceedings, they can often show that both partners have agreed to end the marriage. In debt cases, affidavits are often used to show how a person came to have that debt. Further, in property disputes, affidavits often demonstrate how a person came to have a certain property. 

How Do I Complete An Affidavit?

If you are completing an affidavit, there are certain requirements that you must comply with. 

Witnesses

Affidavits require a witness. Most are completed in the presence of a solicitor. However, you can also complete your affidavit in the presence of a judicial officer or a notary public. A notary public is a person who is legally authorised to sign official documents and statements. The purpose of a witness is to make sure that the person making the oath and signing the document is the same person on record as offering the affidavit. 

The Content of Your Affidavit

You must also ensure that your affidavit explains the events exactly as they happened and only to the extent of your knowledge. As mentioned, you can express a personal opinion. However, you must clarify that it is a personal opinion rather than a representation of fact.

Going to Trial in Court

After completing the affidavit, you may still find that you have to give evidence at trial in court. This is usually for one of two reasons:

1. you may have to verify in court that you took an oath and demonstrate the authenticity of your sworn written statement. If it comes to light that you misrepresented in your affidavit, you may face serious consequences. For this reason, you should seek professional legal advice when completing affidavits; or 
2. the other party may wish to cross-examine the evidence you gave as part of your affidavit. Cross-examination is where one party asks questions to a witness. If you are a witness yourself, you will likely have to come to court at some point. 

Key Takeaways

If you are taking part in a court proceeding, you may find that the court asks you to give in an affidavit. An affidavit is a sworn written statement in a legal document that is used as evidence in court. It contains information that you swear to be true (to the best of your knowledge). You must sign affidavits in the presence of a witness, usually a solicitor or a notary public.

If you knowingly misrepresent information in an affidavit, you may be in contempt of court or be liable for perjury. Both have serious consequences. As a result, it is a good idea to seek professional legal advice if someone asks you to offer an affidavit. 

For assistance with affidavits, LegalVision’s disputes lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

Frequently Asked Questions