Affidavits: What You Need to Know

An affidavit is a formal written statement of facts that you swear or affirm to be true. In legal terms, the person making the statement is called the deponent or the affiant.
Once signed and witnessed by a Notary Public or a Commissioner of Oaths, an affidavit carries the same weight as testimony given under oath in a court of law.
Common Uses for Affidavits
While frequently used in court proceedings, affidavits are required in many everyday legal and administrative situations in Ontario, including:
• Family Law: Such as financial statements or evidence for divorce proceedings.
• Estate Matters: Identifying heirs or confirming the execution of a will.
• International Marriage: Many countries require a "Statement in Lieu of Certificate of Non-Impediment to Marriage Abroad" to prove you are legally free to marry.
• Vehicle Transfers: Gifted vehicle transfers between family members to exempt the transaction from retail sales tax.
• Insurance Claims: Sworn statements regarding lost or stolen property.
Your Responsibilities as a Deponent
The most critical rule of an affidavit is that every statement must be true. Providing false information in an affidavit is a criminal offense (perjury). When preparing your document, keep these three principles in mind:
1. Stick to Personal Knowledge: State what you know to be true from your own direct experience, not what you have heard from others.
2. Focus on Facts, Not Opinions: An affidavit is used to establish facts, not to argue theories or provide commentary.
3. Belief vs. Fact: If you are stating something you reasonably believe to be true but do not know for a fact, you must explicitly state: "I am informed by [Name] and verily believe it to be true."
________________________________________
💡 Tips for Your Visit
• Do Not Sign Yet: To be valid, you must sign the document in the physical (or virtual) presence of the Notary.
• Bring Government ID: We must verify your identity using a valid, unexpired piece of photo identification (e.g., Driver’s License or Passport).
• Ensure the Document is Complete: Fill in all the details but leave the signature and date lines blank for your appointment.