At some point or another, we all need to sign an affidavit for some common reasons or in a business affair. But, it is needed to know what is an affidavit. And why do we need that?
In this article, you will learn so many things about affidavits.
Affidavit: Basic Information
In simple words, an affidavit is a written statement that is used in legal proceedings. The affidavit is made under oath, and the person who will be truthful in creating the testimony they are called an affiant.
In any case, if there is a written account of the details, that is an affidavit. This is a vital part of any agreement. Without an affidavit, the opposite person can deny anything, but if it is written under oath, then there is no way of denying that.
Related: What Is An Affidavit – A Beginners Guide
Affidavit: Why Do We Need?
If there is any kind of agreement, statement, dispute, or anything which has atleast two parties involved, an affidavit is a must thing. These testimonies are essential in court proceedings. It makes it easier for the judge to make a decision.
There are many cases when we need an affidavit. These are as follows.
- Property Disagreements
- Divorce Court
- Debt Disputes
- To tell someone about the changes in any proceedings
- When a legal document is received, you can confirm that with an affidavit
- Residency verification
- Identity theft
- Residency verification
Most of the time, the affidavits are needed and governed by state law. But it is not vital to make an affidavit in every case. In some cases, an affidavit is a must, and in some cases, it is voluntary. But, in my opinion, you should always make one for your own safety.
Now the answer to the question is simple. Let me give you an example. Suppose you have started a business. The partnership between you are your partner is 50% each. Your goal is to make this business a unicorn, and your partner’s goal is to make this business big and sell its percentage.
In that case, if you don’t make an agreement at the start of the business, then there will be so many disagreements, which can lead to quarrels. You both know each other’s goals, but there was no written agreement. Suppose, after five years, your partner denies it, and he is not going to sell his part.
Affidavit: Purpose
The main purpose of the affidavit or testimony is to legitimize a claim. The legal documents are there to find evidence or to clarify witness statements. But, there is a difference between a valid and an invalid affidavit.
There are two main factors behind it. The first thing is to sign the affidavit, and the second thing is that the persons are 100% honest in front of the witness. Without a witness, an affidavit can be invalid.
When there is a dispute occurring in your daily life, an affidavit is an essential piece of information. Affidavits also clear lawsuit parties. There are different types of affidavits.
Affidavits: Types
For legal proceedings, affidavits are crucial. There are different types of affidavits. These are as follows.
- Affidavit of Domicile
- Affidavit of Heirship
- Affidavit of Marriage
- Financial Affidavit
- Court Affidavit
- Self-proving Will Affidavit
- Affidavit of Power of Attorney
- Affidavit of Lost Document
- Affidavit of Identity Theft
Affidavit: How To Write One
Now, you have a pretty good idea about affidavits. But, the most important part of affidavits is how to write them. Most people write their affidavits by themselves. After that, you can consult a lawyer. So follow these steps to write an affidavit for yourself.
- The first step is to understand the formatting of an affidavit. Then, there are a few rules, you need to follow before writing an affidavit.
- Now, you need to make sure what you want to write. There are a lot of thoughts, you must organize them.
- This step is simple. You just need to give a title. The title can be like this- Robert James’s Financial Affidavit.
- Now, it is about giving all the identities. Then identities are your name, age, workplace name, and residence. If you think of any other important information, you can give that too.
- You should always be honest with your affidavit, so just affirm it. You need to swear and tell that all the information is correct and best of your knowledge and understanding.
- Give all the facts that you want. Try to make the sentences short, but make sure that all facts are there.
- After fishing it, you should check your affidavit twice and give it a revision.
- Your affidavit is finished. It just needs two last things. The first thing is your sign and the second thing is to notarize it. You will need a witness.
To Conclude
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Author Bio:
Chris Blair, a freelance writer. He is loving every bit of it. His niches are marketing, lifestyle, wellness, travel and entertainment. Apart from writing, Chris loves to travel, binge-watch, research conspiracy theories, Instagram and overthink. Now he is a valuable contributor of 7 best things
