What is an Affidavit? Your Guide to General Affidavits in Canada
25 November 2022
What is an Affidavit?
An affidavit is a document where the contents have been sworn or affirmed to be true. Affidavits are commonly used in court to establish the facts of a case. The person making the sworn statement is referred to as the “affiant.” By signing an affidavit, the affiant is claiming that the information is true and that they have personal knowledge of the facts contained in the affidavit.
For an affidavit to be valid, it must be sworn and signed in front of a lawyer, a commissioner of oaths or a notary public (that’s us!). Wondering why notarizations are important for affidavits and other documents? Check out our blog post.
Most Common Types of Affidavits
Nearly every life-event has an affidavit associated with it. Anything from choosing to get married or divorced, changing your name, buying a car, or even applying for financial support for post-secondary education may require an affidavit. Here are the 5 most common Affidavits in Canada:
- Affidavit of Name Change: If you’ve recently been married, divorced, or formally changed your name, this affidavit serves as additional verification of your name change.
- Affidavit of Divorce: In Ontario, when filing a joint application for divorce, both you and your spouse must complete an Affidavit for Divorce (Form 36).
- Affidavit in Support of Claim for Custody or Access: If you are seeking custody of or access to your children, you will need to fill out an Affidavit in Support of Claim for Custody or Access (Form 35.1).
- Affidavit of Execution: An affidavit of execution is a specific type of affidavit one of your witnesses signs to confirm they were present for the signing and witnessing of your Will.
- OSAP Affidavit: In certain situations, OSAP, the Ontario Student Assistance Program, requires you to submit an affidavit confirming details about your application like your marital or financial status.
When You Might Need an Affidavit
Affidavits can be required for a variety of different court proceedings, most often in estate planning matters and family law issues. Without these affidavits, other legal documents may not be considered valid, or proving their validity would be much more difficult. Whether you need to verify a marriage, claim assets or property, or make a formal statement as a witness in court hearings, creating a general affidavit is easy.
What is a General Affidavit?
General affidavits can be used to document a sworn statement of fact on any subject. These are different from other types of affidavits because they can be customized to meet specific needs in a legal situation. Just like other affidavits, general affidavits are still signed under oath and in the presence of a notary.
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The best part? You can complete a custom affidavit online! Your affidavit will be professionally drafted by a lawyer or paralegal and sent to you via email. When you’re ready to notarize your custom affidavit, simply book an online notary appointment.