Affidavit Of Shared Residence Form Template for England and Wales
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What is a Affidavit Of Shared Residence Form?
An Affidavit of Shared Residence is a sworn statement used in England and Wales to formally record that a child lives with both parents across two households. Grounded in the Children Act 1989's child arrangement framework, it's used to provide evidence to courts, schools, benefits authorities, and other institutions about where a child spends their time. Once sworn before a solicitor or commissioner for oaths, it carries full evidentiary weight under the Civil Evidence Act 1995.
Frequently Asked Questions
What is an Affidavit of Shared Residence?
It's a sworn statement confirming that a child lives with two parents or carers on a regular, agreed basis, typically split across two households. Once sworn before a solicitor or commissioner for oaths, it provides formal evidence of the arrangement for courts, schools, or benefit authorities in England and Wales.
When might I need an Affidavit of Shared Residence?
Common situations include confirming the arrangement to a school or GP when both parents want equal decision-making input, supporting a Universal Credit claim where housing benefit depends on where children spend their nights, or providing evidence to a family court that a child arrangement order is being followed.
How is shared residence defined under the Children Act 1989?
The Children Act 1989 no longer uses the term 'shared residence order'. Courts now make 'child arrangement orders' specifying with whom a child lives and spends time. Shared living means a child spends regular overnight periods at both parents' homes, which the affidavit documents in specific detail.
Does shared residence affect child maintenance payments?
Yes. Under the Child Support Act 1991 and Child Maintenance Service rules, if a child stays overnight with the paying parent for 52 or more nights per year, a reduction applies to the maintenance calculation. An Affidavit of Shared Residence can help evidence the number of overnight stays.
Who swears the affidavit and what details does it need?
Either or both parents can swear the affidavit. It should state each parent's full name and address, the child's full name and date of birth, a clear description of the weekly or fortnightly schedule, the start date of the arrangement, and confirmation that both parents agree to the arrangement.
Can a family court override a shared residence arrangement confirmed by affidavit?
Yes. A family court's paramount consideration is the welfare of the child under the Children Act 1989. If an arrangement is not in the child's best interests, the court will vary it regardless of what the affidavit states. The affidavit records an existing arrangement; it does not bind the court's discretion.
Is an Affidavit of Shared Residence the same as a child arrangement order?
No. A child arrangement order is a formal court order made under the Children Act 1989. An affidavit is a sworn statement recording factual information. The affidavit can support an application for an order or evidence compliance with one, but it does not have the same legal force as an order itself.
How do I get the affidavit sworn in England and Wales?
Take the completed, unsigned document to a solicitor, notary public, or commissioner for oaths. You sign it in their presence after they administer the oath or affirmation under the Oaths Act 1978. The officer signs and dates it confirming it was properly sworn. Most solicitors charge a small fee for this service.
About the Affidavit Of Shared Residence Form
An Affidavit of Shared Residence Form is a sworn legal document that officially declares multiple individuals share the same living space. You'll use this form when standard proof of residence documents don't adequately show all residents' living arrangements, making it essential for various official processes that require verified residential status.
When do you need this document?
You'll need this affidavit when enrolling children in school districts that require proof all residents live at the claimed address, particularly when lease agreements or utility bills don't list all occupants. Immigration attorneys frequently use these forms to demonstrate family living arrangements for visa applications or residency petitions. Public benefit agencies may require this documentation when multiple individuals share housing but aren't all listed on traditional proof of residence documents. Financial institutions sometimes request these affidavits for loan applications or account openings when applicants share addresses with non-family members. You'll also encounter this requirement when establishing voter registration or updating official records with government agencies.
Key legal considerations
The most critical aspect of this affidavit is its status as a sworn statement under penalty of perjury. Federal perjury statutes under 18 U.S.C. §§ 1621 impose serious criminal penalties for false statements, making accuracy absolutely essential. The declarant must have personal knowledge of the living arrangements and cannot rely on secondhand information. You should include specific details about the duration of shared residence, the nature of the living arrangement, and supporting evidence. The document requires proper notarization according to your state's requirements, with the notary verifying your identity and witnessing your signature. Consider privacy implications under the Privacy Act of 1974 when sharing personal information in official contexts. State fraud statutes provide additional penalties for misrepresentation, and institutions may have specific formatting requirements for acceptance.
Legal requirements in United States
Federal law governs the perjury aspects through 18 U.S.C. §§ 1621, establishing criminal liability for false sworn statements. Each state maintains its own notary laws dictating proper notarization procedures, including notary identification requirements and acceptable forms of acknowledgment. State residency definitions vary and may impact what constitutes valid shared residence for legal purposes. Documentary evidence standards differ by jurisdiction, with some states requiring specific supporting documentation alongside the affidavit. You must comply with your state's sworn statement requirements, which typically mandate specific language acknowledging perjury penalties. The notary public must be licensed in the state where the document is executed, and some states require witnesses in addition to notarization. Federal agencies may have additional requirements for affidavits submitted for immigration or benefit purposes, often requiring translation if any party doesn't speak English fluently.
GOVERNING LAW
Applicable law
This Affidavit Of Shared Residence Form is drafted to comply with England and Wales law. Key legislation includes:
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