Affidavit Of Means Template for England and Wales
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What is a Affidavit Of Means?
An affidavit of means is a sworn financial statement used in family proceedings, civil enforcement, and insolvency matters in England and Wales. It requires full and frank disclosure of all assets, liabilities, income, and outgoings under oath. Courts rely on it to make fair financial orders, and deliberate understatement of assets is both perjury under the Perjury Act 1911 and grounds for setting aside any order obtained by the false disclosure.
Frequently Asked Questions
What is an affidavit of means in England and Wales?
An affidavit of means is a sworn statement setting out a person's financial position: their income, assets, liabilities, and outgoings. Family courts in England and Wales use it as part of the financial disclosure process in divorce proceedings, and civil courts use it in enforcement proceedings to assess a judgment debtor's ability to pay.
Is an affidavit of means required in all divorce proceedings?
In financial remedy proceedings following divorce in England and Wales, full financial disclosure is required under the Family Procedure Rules 2010. The standard document is Form E, but the court may direct the filing of a supplementary sworn affidavit where the form does not adequately capture a party's financial position or where further sworn evidence is needed.
What happens if a party lies in their affidavit of means?
Providing false information in a sworn affidavit of means is perjury under the Perjury Act 1911, carrying a maximum sentence of seven years imprisonment. Courts in England and Wales also have power to set aside financial remedy orders obtained by material non-disclosure, potentially reopening a settlement that a party thought was final.
Can a court order someone to complete a sworn statement of means in debt enforcement?
Yes. Under CPR Part 71 a judgment creditor can apply for an order requiring a judgment debtor to attend court and provide a sworn oral examination of their means. The court can also order the debtor to provide written sworn evidence of their assets and income in advance of or instead of an oral hearing.
What assets must be disclosed in an affidavit of means?
All assets must be disclosed, including property, bank accounts, investments, pensions, business interests, vehicles, valuable personal property, and any assets held by a third party on the deponent's behalf. Debts and liabilities must also be listed. Deliberate omission of any asset constitutes a breach of the sworn duty.
Can foreign assets be excluded from the affidavit?
No. An affidavit of means in English family or civil proceedings requires worldwide disclosure of all assets and liabilities. Courts in England and Wales regularly deal with cross-border financial matters and expect full disclosure regardless of where assets are located. Concealing assets offshore is a serious contempt risk.
How is an affidavit of means used in insolvency proceedings?
Under the Insolvency Act 1986, a bankrupt must submit a sworn statement of affairs to the trustee in bankruptcy setting out all assets and liabilities. This has the legal character of an affidavit of means and must be accurate. Knowingly providing false information in a statement of affairs is a criminal offence under the Act.
Can GenieAI help produce an affidavit of means for England and Wales?
Yes. GenieAI generates a correctly structured affidavit of means for use in English and Welsh proceedings, covering income, assets, liabilities, and outgoings in the standard format expected by courts. You can customise and review the financial details before having the document sworn before a solicitor or commissioner for oaths.
About the Affidavit Of Means
An Affidavit of Means is a sworn legal document that provides comprehensive financial disclosure under United States federal and state laws. You'll use this document to present your complete financial picture to courts, legal representatives, or other authorized parties when detailed financial information is legally required. The document must include accurate details about your income, assets, debts, and regular expenses, all sworn under oath and subject to perjury penalties.
When do you need this document?
You'll need an Affidavit of Means in various legal proceedings where financial transparency is essential. Divorce courts require this document to determine spousal support, child support, and property division based on both parties' financial capacity. Bankruptcy proceedings mandate comprehensive financial disclosure to assess your ability to repay debts or qualify for debt discharge. Family courts use these affidavits to calculate child support obligations and determine custody arrangements when financial stability is a factor. Criminal courts may require financial disclosure for indigent defense qualification or when determining fines and restitution amounts.
Key legal considerations
Your Affidavit of Means must comply with strict accuracy requirements under federal perjury laws (18 U.S.C. § 1621) and state perjury statutes. Any false statements can result in criminal charges, fines, and imprisonment. You must disclose all income sources including employment, investments, rental income, government benefits, and gifts above certain thresholds. Asset declarations must include real estate, vehicles, bank accounts, retirement funds, investments, and personal property of significant value. Liability statements must cover all debts including mortgages, credit cards, student loans, tax obligations, and informal debts. The document must also detail monthly expenses for housing, utilities, food, transportation, insurance, and other regular costs.
Legal requirements in United States
Under Federal Rules of Evidence, particularly Rules 601 and 603, your affidavit must be sworn under oath before a qualified notary public or other authorized official. State notary laws govern the specific formatting requirements, notarization procedures, and identification requirements for valid execution. You must be competent to testify and understand the oath's significance when signing. Financial disclosure requirements vary by jurisdiction but generally follow Bankruptcy Code standards for comprehensive asset and income reporting. Privacy laws including the Fair Credit Reporting Act may apply to how financial information is collected, used, and shared. Some states require specific language or formatting for court acceptance, so you should verify local requirements before finalizing your affidavit.
GOVERNING LAW
Applicable law
This Affidavit Of Means is drafted to comply with England and Wales law. Key legislation includes:
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