COURTS & SELF REPRESENTING:
AFFIDAVITS

 

Do I swear or affirm an Affidavit

 

Many people, not just self represented parties, are confused about whether they should swear or affirm an Affidavit.

When you sign an affidavit, you need to ‘attest’ to the truth of its contents. 

You ‘attest’ to the truth of the contents of an affidavit by either ‘swearing’ or ‘affirming’ it. 

If you have religious beliefs, whether or not you attend church regularly, you will usually “swear” your affidavit. 

When an affidavit is sworn, it means that you are solemnly promising to tell the truth.

To swear an Affidavit you hold a bible or other religious text in your hand, or place your hand on a bible or religious text.

You do this at same the time as you swear the contents of your affidavit and you do it in the presence of one of the following people who will witness the document for you:

  • Commissioner for Declarations.

  • Justice of the Peace.

  • Solicitor.

  • Barrister

You say words similar to "I swear the contents of my Affidavit are true and correct, so help me God".

Some people do have religious beliefs but will not take religious oaths, because they consider them to be blasphemous, for example, some Orthodox Jews will not take religious oaths, nor will some Christians.

Some people will not take a religious oath on the Christian Bible, for example, Muslims or some Orthodox Jews.

If having a document sworn is against your religious beliefs or you do not have any religious beliefs, you can take an affirmation instead.  

An affirmation means that you are affirming that the document you have made and are now signing is the truth.

You also affirm your Affidavit in the presence of the Commissioner for Declarations, Justice of the Peace, Solicitor or Barrister who will witness the document for you, saying particular words to affirm that the contents of your Affidavit are true and correct.

The Court does not attach any weight or significance to the method of attestation you choose. 

It does not matter whether you choose to take a religious oath or an affirmation, but you should be consistent in using the same method each time you attest a document. 

Your witness will usually say the necessary words for swearing or affirming an Affidavit to you in the form of a question, so you can simply answer "I do" or "Yes".

 

 

Please show support for our free service by liking our Facebook Page

Find Us on Facebook

Content By:
Michelle Beatty
MRB LAW

Other Questions answered in the Representing Yourself, Court Process & Procedure Section

 

You might also be interested in the following sections of our website
(access by clicking below or from the left side Navigation Menu)

 

Publishing Rights:
You may republish our Fact Sheets in your website, newsletter, or book, on the condition that you agree to leave the article, author’s signature, and all links completely intact as well as make reference to the fact it is provided courtesy of:
“www.diyFamilyLawAustralia.com”
TOPICS

HOW WE HELP
Middle Aged Man


"I don't want to
lose everything.
I need to know
where I stand.
"


Middle Aged Man

"I can't afford
legal costs. I
need help to
do as much as
I can myself.
"



GET HELP
FROM US
SO YOU

  • Do It Yourself
  • Avoid Legal Costs
  • Reduce Stress
  • Know Your Rights
  • Understand your
    Obligations
  • Prepare your case
    thoroughly
GET HELP
Self Acting? We can give DIY Assistance

WE HELP YOU

  • DO IT YOURSELF
  • AVOID LEGAL COSTS
  • REDUCE STRESS
  • KNOW YOUR RIGHTS
  • UNDERSTAND YOUR OBLIGATIONS
  • PREPARE YOUR BEST CASE

 

Get Important Updates, Tips, Free Advice Sessions by liking us on Facebook

 

Full List of Free Fact Sheets available on DIY Family Law Australia's Website

 

Ask DIY Family Law Australia a Question

 

 

Your Logo Could Be Here