In general, an Affidavit is a written document that states information given by an individual who is under an oath ensuring that the statement being provided in the document is true and reflects the personal knowledge of the individual who is making the statement.
An Affidavit is typically used to prove the truthfulness of a particular statement in court proceedings and can be written in the first- or the third-person depending on who is drafting the Affidavit. You can also download our pre-made Affidavit Forms to help save you time and to take away the hassle of having to whip one up yourself.
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Any type of individual can offer an Affidavit provided that they are in a healthy state of mind and mature enough to understand that they are under oath. In some special cases, an Affidavit can be offered on behalf of someone else during instances when the person meant to offer it is incapacitated or unable to provide one himself.
An Affidavit is a legal type of document and is legally binding; therefore, a person who intentionally provides a false or misleading statement in an Affidavit can be penalized or imprisoned for committing perjury or contempt of court.
There are numerous reasons why an Affidavit is needed such as in property disputes, debt cases, divorce proceedings, etc. Affidavits also vary in type and form depending on the type of Affidavit being used or needed. Below is a list of the different types of Affidavits:
Financial Affidavit
A Financial Affidavit is a sworn statement of an individual’s income, expenses, assets, and liabilities and is often needed in divorce cases, legal separation, or other types of custody matters.
Affidavit of Residency
An Affidavit of Residency is a document utilized for the following purposes:
- To show verification of your residence for a court or business that is questioning your area of residency.
- To provide supporting documents and proof of your residency in order to change your children’s school district.
- To verify the death and residency of a deceased person in order for you to claim funds or property or claim funds or property of the deceased person.
- To prove a person’s eligibility to attend a local school, university, college, or any other private or public firm.
Affidavit of Marriage
An Affidavit of Marriage is the most common type of affidavit and is generally used to provide proof of the legal union between two people. An Affidavit of Marriage is typically used when a couple is working in another country or has migrated to another country.
When completing an Affidavit, you have to be sure that the statements indicated in the Affidavit itself are truthful, genuine, and are the exact events that actually took place. An Affidavit needs to be willfully signed and completed in the presence of a solicitor, or, in some cases, a notary public or a judicial officer.
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How to Write an Affidavit
In order for you to whip up an Affidavit, you have to start with the basics. An Affidavit typically commences with a case caption and the title of your statement followed by the state and county and the name of the affiant — or the person who made the Affidavit. Relevant personal information also needs to be indicated in the Affidavit followed by a properly sequenced outline of the facts. The final portion of an Affidavit will be a statement of truth and the spelling out of the oath. Below is a more detailed procedure on how to create an Affidavit:
1. Provide a Case Caption and Title
Your Affidavit should contain a case caption that allows attorneys, prosecutors, or legal clerks to identify or recognize your Affidavit. A case caption starts off by indicating the court venue of the proceedings positioned at the center followed by the names of the defendants and the plaintiffs beneath it to the left of the heading and then the case number just below the heading to the right. Below the caption, in the center of the page, or, at the center of the top page, title your statement “Affidavit.”
2. Indicate the State and County
Provide the state and the county of the affiant on the left side with the state indicated just above the county.
3. The Commencement
The third part of an Affidavit is normally dubbed the Affidavit’s “commencement.” It is where the full name of the person making the statement for the affidavit is indicated. This part of the Affidavit commonly uses the following statement, “Comes now [Insert the affiant’s first and last name] and states as follows:”[1]
4. Provide Personal Information
Information that is generally significant to the Affidavit should be indicated in the Affidavit as well. For example, in a Residential Affidavit, the affiant’s residential address is important to the facts being stated in the Affidavit and should be included. Other relevant information may include the age or date of birth of the affiant, the occupation of the affiant, the relationship of the affiant to the litigants, etc.
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5. Provide Detailed Facts
Facts that are relevant or useful to the Affidavit should be described in a numbered list, in separate paragraphs, and should be narrated in the first person. By numbering your paragraphs, it will be much easier for attorneys or prosecutors to read or reference in court.
The details provided in an Affidavit should be factual and not fictional; they have to be described clearly and concisely and should contain relevant names, dates, or addresses that can provide further support to the statement given. Other supporting documents or paperwork may also be attached to the Affidavit and labelled as “Exhibit A” or “Exhibit 1” to further support the statement provided in the Affidavit.
6. Provide a Statement of Truth Clause
An Affidavit should contain a clause that serves as proof that the affiant is under oath in relation to the statement being indicated in the Affidavit. This assures readers that the information provided in the Affidavit is genuine ad truthful and the affiant can be imprisoned or penalized for perjury or contempt of court if it is proven otherwise.
7. Have It Notarized
The final part of an Affidavit is a statement by a court clerk or a notary public stating that the affiant appeared before them to swear to the statements mentioned in the Affidavit and was able to show legal identification. Court clerks and notaries will typically require proof of identification to prove that you are who you claim to be in the Affidavit.
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