What is an Affidavit?
Is an affidavit a legal document? Yes.
This is a common question asked and likely comes up regularly because of how frequently an affidavit is requested.
What is an Affidavit?
An affidavit is a written document (commonly referred to as a statutory declaration) that is confirmed through oath or affirmation before a notary public or commissioner of oaths. Once the document is confirmed, it is considered a legal document and can be used in court as evidence or used in other agencies in an official capacity.
An affidavit is typically used to affirm the truth of detailed facts. The idea is for the person swearing to the affidavit to declare that the statements within the document are true and correct. The person swearing to the affidavit is referred to as the “deponent” or “affiant”. Some affidavits only require the deponent to swear and sign before an authorized individual, like a notary public or commissioner of oaths, but others may also require a witness to be present.
A key factor in sworn affidavits lies in the fact that the deponent is swearing that the contents of the document are true, and that they are aware that they are swearing an oath to tell the truth. There are also unsworn affidavits which, like the name, are not sworn in front of an authorized individual.
Types of Affidavits
Affidavits can be used to confirm information related to a person’s identity, a common-law partnership, motor vehicle ownership, or confirmation of an individual’s possessions. An affidavit may also be used when applying for a municipal license or an exception to a zoning restriction (i.e., a zoning variance). There are many different types of affidavits because they can be used in various areas of law including criminal law, civil law, and family law.
For example, in family law, sworn affidavits are required for:
Applications to change, suspend or terminate an existing order;
Making a petition for divorce;
Applications for child support or spousal support;
Applications for an order to determine child custody or access rights; and,
Responding to any of the above applications (as the Responding Party).
This list is not exhaustive as there are numerous other scenarios where an affidavit is required in family law. Three of the most common types of affidavits used in Ontario are: (1) an Affidavit of Execution, (2) an Affidavit of Identity, and (3) an Affidavit for Divorce.
Affidavit of Execution
An Affidavit of Execution refers to a document that a person who has executed a will must sign to confirm the truth of the will. This type of affidavit must be notarized by an authorized notary public in Ontario.
Affidavit of Identity
An Affidavit of Identity is an affidavit that confirms the identity of a person who has provided evidence to prove his or her identity. Proof of identity is required in a variety of circumstances like when applying for a passport, a driver's license, or for voting. This type of affidavit must also be signed by an authorized notary public in Ontario.
Affidavit for Divorce
An Affidavit for Divorce is a document that confirms the grounds for divorce. It can also be used to confirm your marital status in the future. This type of affidavit must be signed by both parties in front of a notary public.
What Should be Included in an Affidavit?
Some affidavits contain pre-populated information, and the deponent is only required to fill in certain blanks, swear, and then sign the document. Other affidavits are drafted from scratch. If this is the case, you will want to make sure that you:
State the facts truthfully and plainly
Avoid any complicated language
Are clear and concise with your statements
Are completely honest when disclosing material facts
Do not include any hearsay statements
Do not argue or disparage other parties (if they are involved)
Do not use absolute statements like “always”, “never”, or “all the time” (for example, if writing an affidavit for access rights, avoid statements like, “they never visit the kids”. Instead, provide a detailed list of the times when the other parent has come to visit
If you follow these general rules when drafting an affidavit, you could save yourself from a plethora of issues. If you need assistance drafting an affidavit, contact Oduraa Legal Services today.
Where to Find a Notary Public or Commissioner of Oaths
There are different places you can visit to have your affidavit affirmed and/or notarized. If you need an affidavit for a court proceeding, you can visit the courthouse you are filing your affidavit in and confirm it in front of a court official who is authorized to take affidavits.
If you are transferring or gifting a vehicle, or need services from the Government of Ontario, you can take your affidavit to a ServiceOntario centre that offers commissioner of oaths services. However, keep in mind that ServiceOntario does not commission oaths for certain legal, financial, or federal purposes.
For any municipal business and zoning services, you can have your affidavit sworn before a clerk at city hall or a municipal office.
If you have any private or commercial transactions that require a sworn affidavit, you can seek out a notary public or commissioner of oaths within your area. You can try finding someone via Google, Kijiji, or the yellow pages.
Note: For any of the options mentioned above, a fee may be charged.
An affidavit is a document that can hold great importance. It is important that you understand what the affidavit is needed for in order to understand the type of affidavit you need. This will also dictate how to draft your affidavit and where to file it. This will also confirm whether your affidavit needs to be sworn before an authorized individual or if it needs to be notarized as well.
If you need assistance drafting an affidavit, affirming an affidavit in front of a notary public or commissioner of oaths, or having your affidavit notarized, contact Oduraa Legal Services today! We offer easily accessible and affordable services.
Some information retrieved from https://www.ontario.ca/page/find-notary-public-or-commissioner-oaths-taking-affidavits.
