Sworn affidavits are written legal statements made under affirmation or oath, stating that the contents of the document are true. They can be used in legal proceedings to establish facts, present testimony, or provide proof of certain events or circumstances. The individual making the affidavit, known as an affiant or deponent, must swear or affirm that the details mentioned in the affidavit are accurate. Sworn affidavits can be prepared by a legal professional or by the affiant themselves and must be signed before an authorized notary public or commissioner of oaths
Sworn affidavits vary in length and complexity based on the nature of the case or the purpose for which they are being used. They may be used in various legal proceedings, such as civil lawsuits, criminal cases, administrative hearings, or during the execution of wills and estate planning. Sworn affidavits can also be used to provide proof of information, such as marital or immigration status, to governments, banks, schools, insurance companies and other organizations.
A sworn affidavit must always be signed before a commissioner of oaths or notary public, who are authorized by their legal jurisdiction to administer oaths. This means that they will ask the affiant to swear or affirm that the information in the affidavit is true. This is similar to taking an oath in court to tell the truth, and there are legal penalties if a person knowingly lies in an affidavit.
Here are several instances where you might need to swear an affidavit in Canada:
● Confirming your Canadian citizenship or residency status
● Substantiating a claim for insurance benefits
● Proving common law status
● Applying for marriage to a partner from another country
● Providing evidence in a legal proceeding
● Submitting applications related to passports or other government-issued documents
● Transferring property to another individual
● Adopting a child
● Obtaining a marriage license
● Declaring your legal name
● Filing for divorce
● Applying for OSAP or other provincial student loans
If you need a sworn affidavit for a complex legal matter, you may need to consult with a lawyer for assistance. For simple matters, such as stating your parental status for an OSAP application, declaring your legal name, or proving your common law status, you may wish to prepare your own affidavit. The organization where you are submitting the document may have a specific form or sample affidavits you can use, so it is a good idea to check with them about the content they require. As well, templates of some simple affidavits can be found on the Red Seal Notary website.
Consider these tips when preparing your affidavit:
● Choose clear and direct language. Avoid legal jargon and complex terminology
● Make sure your words are true and correct
● Check your document over carefully before signing to make sure all of the information is accurate
● Make sure your affidavit is sworn before a commissioner of oaths or notary public
Following these tips will help you ensure the effectiveness and accuracy of your sworn affidavit.
Red Seal Notary can help you swear affidavits that you have prepared yourself or that have been provided to you by a legal professional. We can also help you prepare simple affidavits stating information, such as your parental or marital status. However, please note that we do not provide legal advice and cannot draft affidavits for court cases.
