The Affidavit of Agreement is a specialized legal document used in Canadian jurisdictions when parties need to create an exceptionally strong record of their agreement. This document type is particularly valuable in situations where future verification or court admissibility of the agreement might be necessary. It combines the binding nature of a contract with the evidentiary weight of a sworn statement, making it especially useful in high-stakes agreements or situations where dispute prevention is crucial. The document must be executed before a commissioner of oaths or notary public and typically includes detailed party information, agreement terms, and formal declarations of understanding and voluntary consent. Common applications include family arrangements, property transfers, settlement agreements, and other situations where the parties want to establish clear evidence of their agreement with the added security of a sworn statement.
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1. Title and Court Information: If the affidavit is for court use, includes court name, location, and file number (if applicable)
2. Deponent Information: Full legal name, occupation, and address of the person making the affidavit
3. Oath Statement: Formal declaration that the deponent is swearing/affirming the truth of the statements
4. Parties: Identification of all parties to the agreement being affirmed
5. Background: Context and circumstances leading to the agreement
6. Definitions: Key terms used in the document and their meanings
7. Agreement Terms: Detailed description of the agreement terms being affirmed
8. Verification of Facts: Statement confirming personal knowledge of facts or source of information
9. Declaration of Voluntary Execution: Statement that the agreement was entered into voluntarily
10. Execution Block: Signature block for deponent
11. Jurat: Commissioner's/Notary's certification, including date, location, and official seal
1. Capacity Statement: Statement confirming the mental capacity and authority of parties (used when capacity might be questioned)
2. Independent Legal Advice: Confirmation that parties received independent legal advice (used in complex agreements or when parties have opposing interests)
3. Supporting Documents Reference: List and description of attached supporting documents (used when additional documentation supports the affidavit)
4. Translation Certificate: Certificate of translation if the agreement was translated (used when parties require different languages)
5. Consideration Statement: Details of any consideration exchanged (used when the agreement involves exchange of value)
1. Schedule A - Supporting Documents: Copies of referenced documents or evidence supporting the statements in the affidavit
2. Schedule B - Agreement Copy: Copy of the original agreement being affirmed
3. Schedule C - Proof of Identity: Copies of identification documents of the deponent
4. Appendix 1 - Additional Declarations: Any supplementary sworn statements that support the main affidavit
5. Appendix 2 - Translation: Certified translations of the affidavit if required in multiple languages
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