What Is an Affidavit? Meaning and What People Notice in Family Cases
An affidavit is a written statement of facts that you swear is true. Here is the affidavit meaning in plain English, how it differs from a witness statement, and what an affidavit of means is.
If you have been asked for an affidavit, it can feel like a very formal request. This guide explains the affidavit meaning in plain English, based on common community observations.
This article shares general observations only. It is not legal advice. Please speak to a qualified legal professional about your own case.
Affidavit definition in simple terms
An affidavit is a written statement of facts that you swear or affirm is true. It is signed in front of an authorised person, such as a solicitor or commissioner for oaths, who confirms that you made the oath.
The important ideas are:
- Written. It is a document, not spoken evidence.
- Sworn. You confirm on oath that the contents are true.
- Facts. It sets out what you know, rather than arguments.
Affidavit vs witness statement
People often confuse the two. In broad terms:
- Sworn on oath — Affidavit: Yes · Witness statement: No, signed with a statement of truth
- Signed before an authorised person — Affidavit: Yes · Witness statement: Usually not required
- Typical use — Affidavit: Where the court or a rule specifically asks for one · Witness statement: More common general evidence
Which one is needed depends on the type of case and what the court has directed, so always check the wording of any order or form.
What is an affidavit of means?
An affidavit of means is a statement setting out a person's financial position, such as income, savings, debts and outgoings. You will see it mentioned where someone's ability to pay or to comply with an order is in question.
Litigants commonly tell us that the hardest part is gathering the supporting documents, so it can help to start early.
What people often wonder
What happens if something in it is wrong? Because it is sworn, accuracy matters. Many people choose to check every statement against their documents before signing.
Can I write it myself? Litigants in person often do, but some seek support from a McKenzie Friend or adviser to check the layout and wording.
Does it have to be long? Not usually. Clear, numbered, factual paragraphs tend to be easier to follow.
Where to go next
- Look up the term in our glossary.
- Not sure where to begin? Try Start Here.
- Read about McKenzie Friends and how they may help.
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