An affidavit is a written statement of facts that is sworn or affirmed to be true. It may be used in court proceedings, legal applications, immigration matters, property transactions, family matters, probate, overseas procedures or other situations where a formal statement is required.

In the UK, an affidavit must be sworn or affirmed before an authorised person, such as a solicitor, notary, commissioner for oaths or authorised court officer. GOV.UK’s affidavit form guidance explains that an affidavit must be sworn on oath or affirmed, and that an affirmation is a non-religious statement with the same legal effect as an oath sworn on a religious text. It also states that an affidavit can be sworn or affirmed by a solicitor, notary, commissioner for oaths or authorised member of court staff.

If the affidavit will be used outside the UK, it may need to be notarised, apostilled, translated or legalised through an embassy before it is accepted abroad.

What is an affidavit?

An affidavit is a formal written statement that a person swears or affirms to be true.

The person making the affidavit is usually called the deponent or affiant. By swearing or affirming the affidavit, they confirm that the contents are true to the best of their knowledge and belief.

An affidavit usually includes:

• the full name of the person making the statement
• their address or identifying details
• a clear statement of facts
• numbered paragraphs
• a statement confirming the affidavit is sworn or affirmed
• the deponent’s signature
• the date and place of signing
• the signature and details of the authorised person before whom it is sworn or affirmed

Because an affidavit is a formal legal document, the wording should be accurate, clear and suitable for the purpose.

When affidavits are used

Affidavits may be used for many legal and administrative purposes.

Common examples include:

• court proceedings
• family law matters
• probate or inheritance matters
• immigration applications
• visa or residency procedures
• overseas property transactions
• name or identity confirmation
• financial or banking matters
• company or director statements
• lost document declarations
• relationship or marital status evidence
• foreign legal proceedings
• supporting evidence for overseas authorities

The exact wording and signing requirements depend on who is requesting the affidavit.

Oath vs affirmation

An affidavit can be sworn on oath or affirmed.

An oath is usually sworn on a religious text. An affirmation is a non-religious declaration that has the same legal effect.

GOV.UK explains that an affirmation is a non-religious statement with the same legal effect as an oath sworn on a religious text.

The choice between oath and affirmation usually depends on the deponent’s personal preference. The legal effect is the same.

Who can witness or administer an affidavit?

An affidavit must be sworn or affirmed before an authorised person.

This may include:

• solicitor
• notary public
• commissioner for oaths
• authorised court officer
• other authorised legal professional, depending on the context

The Law Society explains that commissioners for oaths and solicitors must state the place and date where an affidavit or oath is taken or made.

For overseas use, a notary public is often safer or specifically required, especially where the affidavit will need apostille, embassy legalisation or use in a foreign legal system.

Affidavit vs statutory declaration

An affidavit and a statutory declaration are similar because both are formal written statements. However, they are not the same.

An affidavit is sworn or affirmed on oath and is often used in court or legal proceedings.

A statutory declaration is a formal declaration made under statute and is often used where a person needs to declare facts formally but not necessarily in court proceedings.

For example:

• an affidavit may be used as evidence in a court matter
• a statutory declaration may be used for name change, single status or lost document confirmation
• a foreign authority may ask for an affidavit when it wants a sworn statement
• a UK authority may ask for a statutory declaration where legislation or procedure requires it

The safest approach is to use the document type requested by the receiving authority.

Affidavits for overseas use

If an affidavit will be used abroad, the receiving authority may require extra formalities.

This may include:

• signing before a notary public
• solicitor or notary certification
• FCDO apostille
• embassy or consular legalisation
• certified translation
• sworn translation
• bilingual wording
• specific local wording
• wet-ink signature
• passport copy or proof of identity

Do not sign the affidavit before checking whether the overseas authority requires it to be signed in front of a notary or solicitor.

Does an affidavit need apostille?

An affidavit may need apostille if it is being used outside the UK and the receiving authority asks for legalised documents.

The UK Legalisation Office checks whether the signature, stamp or seal on a document matches its records and then legalises the document by attaching an apostille.

For an affidavit, the apostille usually confirms the solicitor’s, commissioner’s or notary’s signature, not the truth of the facts stated in the affidavit.

Solicitor or notary for an affidavit

A solicitor may be suitable where the affidavit is for UK use, or where the receiving authority accepts solicitor witnessing.

A notary may be safer where the affidavit is for overseas use, especially if:

• the foreign authority asks for notarisation
• the document will be used in court abroad
• the affidavit relates to property overseas
• the document needs embassy attestation
• the recipient is a foreign notary, bank or public authority
• the document must be recognised in a civil law jurisdiction

If the instructions say “notarised and apostilled”, a solicitor-witnessed affidavit may not be enough.

Affidavits for immigration and visas

Affidavits may be used in immigration or visa matters where a formal sworn statement is required.

This may include statements about:

• relationship history
• financial support
• accommodation
• identity
• name differences
• lost documents
• family circumstances
• sponsorship
• marital status
• travel history

If the affidavit is for an overseas embassy, visa centre or immigration authority, apostille or translation may be required.

Affidavits for overseas property

Affidavits may be used in overseas property matters, especially where a foreign lawyer or notary needs a formal statement.

This may relate to:

• identity
• marital status
• authority to sell or buy property
• inheritance
• family consent
• funds
• company ownership
• loss of original documents
• signing authority

Foreign property documents often require notary involvement rather than simple solicitor witnessing. They may also need apostille and translation.

Affidavits for probate and inheritance

Affidavits may be required in probate or inheritance matters, particularly where assets, beneficiaries or legal proceedings are located abroad.

They may be used to confirm:

• identity of beneficiaries
• family relationships
• death or marital status facts
• entitlement to estate assets
• loss of original documents
• executor or administrator details
• foreign legal requirements

If the affidavit will be submitted overseas, it may need notarisation, apostille and certified translation.

Affidavits for name or identity differences

Affidavits can be useful where a person’s documents show different names or details.

This may happen if:

• documents show maiden and married names
• names have been translated or transliterated differently
• middle names are missing from some records
• a person has changed name more than once
• a birth certificate and passport do not match
• foreign documents use a different spelling
• an authority needs a sworn explanation

Depending on the situation, a statutory declaration may be more appropriate than an affidavit, so the receiving authority’s wording should be checked first.

Translation requirements

If the affidavit will be used in a non-English-speaking country, translation may be required.

The correct order depends on the receiving authority. Some authorities want the affidavit notarised and apostilled first, then translated. Others may require a sworn translation, bilingual affidavit or translation completed in the destination country.

Before arranging translation, check whether the recipient needs:

• original affidavit
• notarised affidavit
• apostilled affidavit
• certified translation
• sworn translation
• translation of the apostille
• embassy-attested translation
• bilingual document

Getting the order wrong can lead to delays or rejection.

Embassy legalisation after apostille

If the destination country accepts apostilles, the FCDO apostille may be enough.

If the country does not accept apostille alone, the affidavit may need embassy or consular legalisation after the apostille.

The process may be:

1. prepare the affidavit
2. swear or affirm it before the correct authorised person
3. arrange notary or solicitor certification, if required
4. submit for FCDO apostille
5. arrange embassy or consular legalisation
6. arrange certified translation, if required

Embassy legalisation usually requires a paper document, so e-Apostille may not be suitable.

Common mistakes to avoid

Common mistakes include:

• using an affidavit when a statutory declaration was requested
• using a statutory declaration when an affidavit was requested
• signing the affidavit before the appointment
• missing the oath or affirmation wording
• failing to include the date and place of swearing
• using solicitor witnessing when notary witnessing is required
• forgetting apostille for overseas use
• translating the affidavit before checking the correct order
• using vague or unsupported statements
• submitting an unsigned or incomplete affidavit
• assuming a UK affidavit will automatically be accepted abroad

These mistakes can delay court, immigration, property, probate or overseas administrative procedures.

How to prepare an affidavit for overseas use

The process usually works as follows.

1. check the recipient’s instructions

Confirm whether they need an affidavit, statutory declaration, sworn statement, notarial declaration or another document.

2. prepare accurate wording

The affidavit should state facts clearly and avoid vague or unsupported claims.

3. choose the correct authorised person

Use a solicitor, commissioner for oaths, court officer or notary depending on the purpose and destination country.

4. sign in the correct way

Do not sign too early. The affidavit may need to be sworn or affirmed in front of the authorised person.

5. arrange apostille

If the affidavit will be used abroad, submit it for FCDO apostille where required.

6. arrange embassy legalisation or translation

Complete any additional country-specific legalisation or translation steps in the required order.

How we can help

We can help prepare affidavits for UK and overseas use.

Our service can include checking whether an affidavit or statutory declaration is more suitable, advising whether a solicitor or notary should administer it, arranging apostille legalisation, advising on embassy attestation and helping with certified translation where required.

If you have been asked for an affidavit, send us the wording from the receiving authority and the country where the document will be used. We can help confirm the safest route before you sign.