Whether you’re involved in a legal proceeding, applying for certain benefits, or handling important documentation, your affidavit needs to meet certain legal requirements and protect your interests.

Here’s what you need to know.

Overview and key takeaways

  • An affidavit is a sworn, written statement that can be used as evidence in legal proceedings. 
  • In many jurisdictions (but not all), an affidavit must be notarized to be legally valid. 
  • Making false statements in an affidavit can result in serious legal consequences, including potential perjury charges, so it’s important to be as accurate as you can.
  • Be sure to keep your affidavit on file along with any other legal documents.

For a modern solution, Quicken LifeHub does what hard drives and file cabinets can’t.

Affidavit definition and examples

An affidavit is a voluntary, legally binding written statement of facts made under oath and generally verified by a notary public or other authorized official. When you sign an affidavit, you’re declaring that everything in the document is true to the best of your knowledge, making it a powerful legal tool that courts and government agencies rely on for verified information.

Affidavits may be requested for:

  • Insurance claims
  • Lost official documents
  • Custody disputes
  • Estate and probate matters
  • And many other legal proceedings

Key components of an affidavit

Affidavits need to contain certain essential elements to be considered legally binding. While the requirements can vary from place to place, most affidavits need to include some form of the following three things.

1. Background information of the affiant

The affiant (the person making the statement) must provide complete identifying information in the document. This includes their full legal name and current address as well as a brief statement about how they’re connected to the case or matter at hand. 

The important thing is to establish your identity with enough certainty that the court (or government official) can rely on it.

2. Statement of facts

The heart of the affidavit is the statement of facts that you’re swearing are true. The statement should be clear and concise, written in first person (“I did this”; “I saw that”), and ideally organized into numbered paragraphs. 

Most importantly, the affidavit should be limited to facts that you personally know to be true, not things you only believe are true because you heard them from someone else. It’s important not to include any opinions or conclusions unless they’re specifically required by the circumstances of the case.

3. Notarized signature or other verification

The signature section completes the affidavit. It includes the affiant’s signature and the date of signing as well as the notary public’s signature and official seal. In some cases, signatures may also be required from people who witnessed you signing the statement.

Why your affidavit needs to be accurate

The accuracy of your affidavit isn’t just about good record-keeping — it’s a legal requirement with serious consequences for non-compliance.

What could happen if it isn’t

Making false statements in an affidavit can lead to perjury charges and criminal penalties, including fines and possible jail time. Your related legal proceedings could be dismissed, and your credibility in future legal matters may be permanently damaged. 

You could also face civil liability for any damages caused by your false statements — meaning you could be sued in court by the person your false affidavit harmed.

Different types of affidavits

Affidavits serve various purposes in legal and administrative proceedings. Here are some common types you might encounter:

Affidavit of identity

Like you might expect, an affidavit of identity serves to verify someone’s identity for various official purposes. It’s commonly used when opening bank accounts or applying for government benefits. These documents are also essential for correcting official documents and claiming inheritance or property. 

Affidavit of support

Affidavits of support are particularly important in immigration cases. They demonstrate (and promise) the affiant’s financial ability to support someone, and they establish the relationship between the parties. They typically include information about living arrangements and financial documentation to prove that the supporter can meet their stated obligations.

Affidavit of service

An affidavit of service provides proof that legal documents were properly “served,” or delivered. It records the date and time of delivery along with the method of service used. The document includes detailed information about the recipient and the server’s confirmation of delivery, creating an official record of proper legal notification.

Affidavit for divorce or custody

Don’t confuse an affidavit for divorce with a more general affidavit used in a divorce. An Affidavit for Divorce is a specific form in some jurisdictions that can have specific legal consequences. But many divorces require general affidavits, which aren’t different from any other affidavit — they’re just asking for specific information, such as statements about your financial situation or child custody arrangements.

If you’re ever in doubt about a specific affidavit or any other legal document, consult an attorney who’s licensed to practice law in the relevant jurisdiction.

How to write an affidavit

While the specific steps can vary depending on where the affidavit is being used and what’s required, these general guidelines can help.

Step-by-step guide to drafting

  1. Consider giving your affidavit a title to help the court identify your document.
  2. Identify yourself, including who you are and where you live.
  3. Briefly explain your relationship to the matter at hand.
  4. Write your statement of facts in clear, numbered paragraphs.
  5. Try to keep it organized — be willing to go through a few drafts before your affidavit is finalized.
  6. Once you’re satisfied with it, be sure to wait and sign it in front of a notary (or any other official and/or witnesses that may be required).

Why do affidavits need to be notarized?

A notary public will review your identification (such as a driver’s license or passport) before notarizing your statement. Their notary signature and seal help to assure the court that the person who signed the affidavit is who they claim to be.

Before notarizing an affidavit, the notary will:

  • Verify the identity of the signer
  • Confirm that the signature was made willingly
  • Confirm the date of signature
  • Apply their signature and seal to the affidavit

How to file an affidavit

Filing requirements vary depending on the purpose and jurisdiction of the affidavit. If the affidavit is for a legal proceeding, the attorney who requested the affidavit will probably want to file it for you.

FAQs about affidavits

What is the purpose of an affidavit?

An affidavit serves as sworn testimony in writing, allowing courts and other authorities to rely on statements made outside of court. It creates a formal record of facts that can be used as evidence in legal proceedings or to support various applications and claims.

Can I notarize my own affidavit?

No, even if you’re a notary public, you can’t notarize your own affidavit. This would create a conflict of interest, violate notary laws, and render the affidavit invalid. Always have your affidavit notarized by an independent notary public.