Affidavit
A clear guide to Affidavits in the UK
What is an affidavit? An Affidavit is a legal statement that has to be sworn or affirmed to be true.
It has to be sworn under oath (making a religious commitment) or a secular affirmation (a non-religious commitment).
Affidavits are formal statements where you confirm that what you’re saying is true—just like testifying under oath in court.
An affidavit is similar to a witness statement but it must be signed and sworn or affirmed in person before someone who has the power to administer oaths like a commissioner for oaths, solicitor or Notary Public.
When do you need Affidavits
You will need an affidavit when you are dealing with legal proceedings and judicial proceedings and court cases you need to make statements of fact based on personal knowledge.
In the UK, the civil procedure rules have made witness statements more common than Affidavits.
Need to Sign an Affidavit?
If you need help signing an affidavit, get in touch with us:
📞 Call us: 020 7499 2605
📧 Email: notary@notarypubliclondon.co.uk
Affidavits are more common when dealing with civil litigation:
- Divorce proceedings
- Inheritance proceedings
- Property disputes
- Legal processes
- Trade marks disputes
- Search orders
- Debt disputes
- Importance in legal proceedings and common usage in court cases.
Key Features of an Affidavit
Exhibits are appended to the affidavit (if applicable)
Sworn statement used by religious deponents. That means the person making the affidavit. Also known as the ‘deponent’ swears on a holy book, such as the bible (christian and jewish), Quran, Bhagavad Gita and Guru Granth Sahib
Statement of truth by non-religious deponents who make a solemn affirmation that the contents of the affidavit are true..
Affidavits play a key role in judicial proceedings and courts of law.
Affidavits should include the following information:
Title, what is the affidavit in relation to (e.g. case number and details)
Perusal information – first Name, surname and address of the person making the affidavit (known as the deponent)
A statement of truth this is known as a ‘jurat’)
Sworn/Affirmed statement. E.g. ‘sworn/affirmed by John/Jane Smith at London on 1 April 2025
The Jurat, which is confirmation by the person who has administered the affidavit that it has been sworn or affirmed correctly.
It is a criminal offence to make false statements in an affidavit which is submitted to legal proceedings. The offence is called perjury under the Perjury Act 1911. “If any person lawfully sworn as a witness or as an interpreter in a judicial proceeding wilfully makes a statement material in that proceeding, which he knows to be false or does not believe to be true, he shall be guilty of perjury.”
Who Can Administer an Affidavit?
If the document is being used in the UK, here is a list of legal professionals who can administer an oath:
- Commissioners for Oaths
- Solicitor
- Notaries public
- Justice of the Peace.
- Chartered legal executives
- Licenced Conveyancer
If the document is going outside of the UK, an affidavit should be signed in the presence of a notary public to administer the affidavit.
Affidavits are still a common document submitted
What are Witness Statements and Statutory Declarations?
Witness statements are statements of witnesses that are signed off using a statement of truth and are less formal. The Civil Procedure Rules have made witness statements more common in the United Kingdom.
Statutory Declarations are very similar to affidavits but the difference between them are that Stat Decs are used in non legal proceedings, mainly for administrative matters.
Will I need an Apostille?
If you are sending your affidavit overseas outside of the United Kingdom you might need an apostille.
As usual in these circumstances, we always recommend that you speak to your legal advisor or the person who has requested the affidavit.
We know that affidavits are often done when there are stringent time limits so we can get you an affidavit on a Next Day basis if required.
If the country is not part of the Hauge Convention, you may need to submit it for an embassy stamp. This process is called ‘legalisation’.
You can visit our Country Guide for more information on this.
FAQs About Affidavits
What is the difference between affidavits, witness statements and statutory declarations?
Affidavits are sworn under oath or solemn affirmation, mainly used in legal proceedings. Witness statements are less formal and now more common in England due to Civil Procedure Rules. Statutory declarations are similar to affidavits but used for admin stuff— non legal proceedings.
When do I need to use an affidavit?
You’ll need one in legal proceedings where you’re making statements of fact based on personal knowledge—think divorce, inheritance, debt disputes, property arguments, or trademark cases. They’re especially common in civil litigation.
What happens if I lie in an affidavit?
You’re committing perjury. That’s a criminal offence under the Perjury Act 1911. If you knowingly make a false statement in an affidavit used in legal proceedings, you can be prosecuted. Don’t mess with it—tell the truth or face the consequences.
Do I need an Apostille?
Only if your affidavit is being used outside the UK. An apostille is a certificate that proves your document is legit for use in another country. It’s issued by the UK Foreign, Commonwealth & Development Office (FCDO). If you’re sending your affidavit abroad—especially for legal matters—it’ll likely need to be signed in front of a notary public and then get an apostille. If it’s staying in the UK, you don’t need one.
If you need to swear an Affidavit – give us a call on 020 7499 2605 or drop us a line.
