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How to Obtain a Notary Affidavit

How to Obtain a Notary Affidavit

An affidavit represents a document through which a person makes a statement that is testified as being true. As a general rule, the affidavit is a document that represents a sworn declaration of a person, and it can be used in numerous ways, but in most of the situations is a required document necessary in court proceedings, where the statements of a person will be verified or used as evidence for a legal case.

In this case, given the importance of the document, the affidavit must be signed, besides the person who makes the respective oath, by legal practitioners, such as solicitors, but also by a notary public. If you need complete a notary affidavit, our notary in London can help you.

How to complete a notary affidavit in London

If you need a notary affidavit, you must first obtain a standard template for an affidavit. The British government has made available a standard form (Form N285: Affidavit template) which can be used by those who need to present various facts during court proceedings.

The affidavit form contains information on the claimant’s name, the defendant’s name, information on the deponent (the person who will make the respective statements). The form must contain the number of the affidavit made by the deponent (a deponent can make more statements), but also the date at which the document is filed. Then, the document provides sufficient space where the deponent can provide information on the sworn declaration that he or she has to make with regards to a given case.

Please be aware of the fact that if the affidavit will be needed outside the UK, then the document must be done as a notary affidavit. Our notary in London can offer more information on when this document must be completed through the services of a notary, as it can be completed, in given circumstances, by other legal specialists.

We invite you to watch the video below on notary affidavit services in London:

When can a notary affidavit be requested by a deponent?

Those seeking notary services in London can obtain an affidavit in certain situations. One important aspect is to have full mental capacity, given the implications that the document can have within a legal case. In the case in which a person who has witnessed a particular situation that must be presented as evidence within a trial has a certain lack of mental capacity, then the notary affidavit can be offered on the person’s behalf by another person, who has full mental capacity. However, this option is highly uncommon in practice.

As a general rule, the affidavit is a document that can be used in legal cases related to the divorce proceedings, disputes regarding inheritance, legal matters related to ownership or to property or cases where one has to recover a debt. Situations concerning such cases that are held in foreign jurisdictions will need to be witnessed by a notary in London, as presented above.

If this is the case, the notary affidavit will be witnessed and signed and then it will gain legal capacity. In certain situations, the document may need to be legalized by the Foreign and Commonwealth Office and if this applies, the notary public in London can make the necessary arrangements for this procedure.

What is the fee for a notary affidavit in UK?

Compared to other notary services in London, the notary affidavit has very low fees. The costs associated with witnessing an affidavit can vary depending on the notary one wants to work with, but as a general rule, all notaries will require very small fees, as follows:

  • for each sample of the same notary affidavit required by the client, the notary will charge GBP 2;
  • if the document needs to be certified by the Commissioner of Oaths, then the fixed fee will be of GBP 10;
  • the witnessing of an affidavit done by a notary in London can cost GBP 5;
  • documents related to wills signed and notarized by a notary in London can be charged with GBP 75 – GBP 1,200;
  • other fees for notary services in London are much higher, for instance, signing a power of attorney can be charged with GBP 160 – GBP 240.

Important things to know when signing a notary affidavit in London

A notary affidavit in London can also be referred to as a sworn statement, sworn affidavit, statement under oath or notarized statement. All these names refer to the same type of document, through which a person will testify specific facts and will also add various documents that can be used as a proof.

In the UK, a person can prepare a notary affidavit with or without the assistance of lawyers or of our notary public in London, as it is not necessary to receive legal representation when completing the form.

However, the document will need to be signed and witnessed by the commissioner of oaths, as the statement that you will make will have the value of a true statement and when you will present your facts during the trial, the court will consider that you have expressed certain facts in accordance with the reality and that you have not lied.

If the document does not have the valid signature of a commissioner of oaths, the person who will testify will not be able to use the affidavit, as it will become invalid in accordance to the UK regulations. If you need to prepare an affidavit, our notary in London can present information on how to write this document. Below, we will present some facts you should consider:

  • write only information that you know to be true, in accordance with the events you have experienced;
  • provided that you do not respect this rule and the court will learn that the events described in the document were false and that you knew they were false, you can actually receive a fine or other punishments, in accordance with the provisions of the law;
  • in an affidavit, you do not include your personal opinions, nor will you make your personal opinions to pass as facts;
  • the timeline of the events is also important – you must always present the facts in the chronological order that you have personally experienced or know to be true;
  • it is recommended to write a paragraph for each chronological fact of your testimony;
  • you must also be concise when presenting your facts.

Please be aware that you make a false statement that you know is false you will be punished in accordance with the rules and regulations or the Perjury Act. This can actually lead to imprisonment, depending on the gravity or your affirmations and the type of case the court handles.

Perjury Act in the UK

Making false declarations, that you know to be false, in a document completed and signed by you, while being under oath can have major consequences from a legal point of view. This applies to the notary affidavit as well and this why we strongly recommend to address to our notary in London for in-depth advice on the facts that you should include in your declaration.

Currently, this particular aspect falls under the regulations of the Perjury Act 1911 which punishes persons accordingly. Please mind that perjury is considered a criminal offence and it is known as perverting the course of justice if you made a sworn declaration under oath that you know to be false, this being the first legal ground for which a person can receive a punishment.

The other is when you make the respective declaration with the intend of misleading the court. If one observes and can prove that your declaration is false, or contains parts which are false or there is inconsistency in your overall declaration, you can actually be charged with perjury.

Given that persons who are accused of perjury have made a false declaration, they will be charged with what is known to be a crime of dishonesty and this can have a negative impact on the overall life of such persons – even though one may not be sentenced to spending a specific amount of time in prison, this conviction will be reflected on the database of the local institutions, and this can negatively impact aspects such as employment or security clearance.

You should also know that persons who make false statements in a notary affidavit can be sentenced to spending 7 years in prison. They can also receive a fine or be sentenced to both, depending on the gravity of the case, as per the Chapter 6, Article 2 of the Perjury Act.

Thus, prior to signing the document, we highly recommend you to request additional information from our notary public in London, who can advise you and can help you with professional advice on other documents that can be requested by local courts.

Our notary services in London include not only legalizing and notarizing documents, they also include providing advice to our clients, which means that our team will help to understand why a document is necessary and what you should do with it after our notary has completed his or her tasks.

We invite you to request more information on other legal situations when you may need an affidavit from our notary public in London. You can address our office for advice on how to legalize various document and how to notarize papers that you may need in various situations.

Businessmen can also rely on our notary services in London. Those who intent to register a company in London can request assistance on how to draw and sign the articles of association of the legal entity and how to authenticate other necessary documents that may be needed by the local institutions. Contact us for complete information on our notary services in London.