Affidavit Of Good Faith Template for England and Wales

An Affidavit of Good Faith is a sworn statement that you make under oath to formally declare your honest intentions and genuine belief in certain facts or circumstances. In England and Wales, this legal document serves as crucial evidence of your sincere commitment to acting honestly in various legal and business contexts. You must swear or affirm the contents before an authorized official, making it a powerful tool for demonstrating your integrity when good faith is legally required.

When do you need this document?

You'll need an Affidavit of Good Faith when entering into complex business transactions where parties must demonstrate their honest intentions, such as joint ventures or partnership agreements. Courts may require this document when you're applying for interim relief or injunctions, particularly when your conduct or motives are in question. Regulatory bodies often demand Affidavits of Good Faith during licensing applications, compliance investigations, or when demonstrating adherence to professional standards. You might also need this document when resolving contractual disputes where your genuine belief in certain facts is central to your legal position, or when making applications to government agencies that require formal verification of your honest intentions.

Key legal considerations

The most critical aspect of an Affidavit of Good Faith is understanding that you're making statements under oath, which means any false or misleading information can result in perjury charges under the Perjury Act 1911. Your statements must be based on facts within your personal knowledge or genuine belief, and you cannot simply repeat hearsay or speculation. The document must clearly identify you as the deponent and include your full details, occupation, and address. Each factual statement should be numbered and presented in clear, unambiguous language that leaves no room for misinterpretation. You must also ensure that your good faith belief is reasonable and based on sufficient evidence, as courts will scrutinize both the substance of your statements and the basis for your beliefs.

Legal requirements in England and Wales

Under the Statutory Declarations Act 1835 and Commissioners for Oaths Act 1889, your Affidavit of Good Faith must be sworn before an authorized official, such as a Commissioner for Oaths, Notary Public, or solicitor with the appropriate authority. The document must include a proper jurat - the official certification showing when, where, and before whom the oath was administered. You must physically appear before the authorized official and swear or affirm the contents, as this cannot be done remotely or by proxy. The Civil Procedure Rules Part 22 require that if the affidavit is for use in legal proceedings, it must comply with specific formatting and content requirements, including a statement of truth. The authorized official must verify your identity and ensure you understand the serious legal consequences of making false statements before administering the oath.