Updated

GL-A-08

Glossary · Documents and legalization

Affidavit - Affidavit

Full glossary
oaththe basis of the document
liabilityrests with the declarant
a fallbackoption when there is no certificate

01 / In 30 seconds

The short answer

What it is
A written statement of facts made under oath
Who certifies
A notary or an authorised lawyer, depending on the country
When it is used
When a fact needs to be confirmed but there is no official document
What matters
The declarant is responsible for accuracy — up to legal consequences
Typical cases
Marital status, family relationships, source of funds, loss of documents

02 / In plain words

What Affidavit means

An affidavit is a written statement of facts that a person makes under oath and confirms before a notary or an authorised lawyer. Put simply: an official “I declare that this is so”, with legal liability for what is said.

Such a document is used when a fact needs to be confirmed but no ordinary certificate exists or it is impossible to obtain one. Classic situations: confirming marital status or family relationships, explaining the source of funds, declaring the loss of documents, confirming actual residence, explaining discrepancies in the spelling of a name.

The key feature is personal liability. The declarant is responsible for the accuracy of what is stated, and false information can have serious consequences, up to refusal of the application and legal liability. That is why the text is worded carefully: only what you actually know and can confirm, without assumptions or general phrases.

A case from practice

A discrepancy in the spelling of a surname in documents from different years was explained by an affidavit with supporting documents attached. The matter was closed without further requests because the statement was specific and backed up.

When an affidavit is used

  • Confirming marital status
  • Family relationships where there are no documents
  • Explaining the source of funds
  • Declaring the loss of documents
  • Discrepancies in the spelling of a name
  • Confirming actual residence

03 / What it covers

What the document must contain

01

Declarant

  • Full passport details
  • Legal capacity
  • Personal signature
02

Content

  • Specific facts
  • No assumptions
  • A logical sequence
03

Certification

  • A notary or lawyer
  • Wording of the oath
  • Date and place
04

Use

  • Apostille where required
  • Sworn translation
  • Supporting evidence attached

04 / How it works

How it is drawn up

Step 1

Confirm the authority’s requirements

Step 2

Draft a precise text

Step 3

Swear it under oath

Step 4

Apostille and translation

Step 5

File it with the attachments

05 / Key facts

What you need to know

01

The declarant is responsible for the accuracy of the information

02

An affidavit does not replace an official document where one exists

03

The text is written specifically, without general phrases

04

Supporting documents are usually attached to the statement

05

For use abroad an apostille and a translation are needed

Common mistakes

  • Writing in general terms instead of specific facts
  • Stating what you cannot confirm
  • Using an affidavit instead of an available official certificate
  • Filing without supporting attachments
  • Copying someone else’s template without adapting it to the situation

06 / Expert advice

Anna Kovalevskaya

How to prepare in advance

First check whether there is an official document that confirms the same fact: an affidavit is a fallback, not the first choice. The text is drafted by lawyers to meet the requirements of the particular authority, as specifically as possible, and is backed up with attachments. Only state what you are prepared to confirm.

What we do for you. We use affidavits selectively — where there really is no official document — and always back them up with evidence. A statement without attachments carries little weight in a check and often raises additional questions.

Anna KovalevskayaLead lawyer for EU citizenship and residency, 12 years of practice

07 / Questions

Frequently asked questions

A written statement of facts under oath, certified by a notary or an authorised lawyer.

When a fact needs to be confirmed but no official document exists or it is impossible to obtain one.

Serious: from refusal of the application to legal liability. Only state what you can confirm.

No. If an official document exists and is available, it is that document that must be filed. An affidavit is a fallback.

Preferably. A statement backed up by documents is received much better than a bare assertion.

For use abroad — as a rule, yes, plus a sworn translation under the rules of the receiving country.

Author: Anna Kovalevskaya

Reviewed by: Sergey Evdokimov

Sources: HCCH — the Hague Apostille Convention

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Anna Kovalevskaya, lead lawyer at BRIDGES GLOBAL
Anna KovalevskayaLead lawyer, citizenship and residency, 12 years of practice