Affidavit Self Declaration Template for England and Wales

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What is a Affidavit Self Declaration?

An Affidavit Self Declaration is commonly used when formal written evidence is required in legal proceedings or official matters under English and Welsh jurisdiction. This document type is particularly valuable when independent verification of facts is needed, such as in court proceedings, immigration applications, or property matters. The declaration must comply with specific legal requirements and typically includes personal details, a clear statement of facts, and proper authentication. Making an Affidavit Self Declaration carries serious legal consequences for false statements, and it must be properly executed before an authorized official.

Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

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A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

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A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

England and Wales

Publisher

GenieAI

Category

Affidavit

Sector

Business

Cost

Free to use

Last updated

About the Affidavit Self Declaration

An Affidavit Self Declaration is a formal sworn statement that provides written evidence for legal proceedings and official matters in England and Wales. When you make this declaration, you are legally confirming that the facts stated are true to the best of your knowledge and belief. This document carries the same legal weight as oral testimony given under oath in court, making accuracy and truthfulness essential.

When do you need this document?

You will typically need an Affidavit Self Declaration when courts or official bodies require formal evidence that cannot be provided through other means. Common situations include providing evidence of identity or residence for immigration applications, confirming financial circumstances for legal aid applications, or establishing facts about property ownership or family relationships. The document is also frequently required in probate matters when proving relationships to deceased persons, or in civil litigation when witness testimony needs to be presented in written form. Insurance companies may request affidavits to support claims, and government agencies often require them for various administrative processes.

Key legal considerations

The most critical aspect of any affidavit is its truthfulness, as making false statements constitutes perjury under the Perjury Act 1911, which can result in imprisonment for up to seven years. Your declaration must be based on personal knowledge rather than hearsay or speculation, and you should clearly distinguish between facts you know directly and information you believe to be true. The document must be properly structured with numbered paragraphs for clarity and include a formal jurat clause confirming the oath was administered. You must sign the affidavit in the presence of an authorized person such as a solicitor, Commissioner for Oaths, or court official who will also sign to authenticate the document. Any amendments must be initialed by both you and the authenticating official.

Legal requirements in England and Wales

Under English and Welsh law, affidavits must comply with Civil Procedure Rules Part 32, which sets out specific formatting and content requirements. The document must be written in the first person and include your full name, address, and occupation in the opening paragraph. Each factual statement should be in a separate numbered paragraph, and the affidavit must conclude with a formal statement confirming the truth of its contents. The Civil Evidence Act 1995 governs how affidavits are used as evidence in civil proceedings, while the Commissioners for Oaths Act 1889 establishes who can administer the oath. The Statutory Declarations Act 1835 provides the historical framework that still underlies modern practice. Your affidavit must be sworn or affirmed before someone with proper authority, and they must complete a jurat clause stating when, where, and before whom the oath was taken.

GOVERNING LAW

Applicable law

This Affidavit Self Declaration is drafted to comply with England and Wales law. Key legislation includes:

Perjury Act 1911: Key legislation governing false statements in statutory declarations, particularly section 5. Essential for ensuring truthfulness in affidavits and self-declarations.

Civil Evidence Act 1995: Governs the admissibility of evidence in civil proceedings, including affidavits and declarations.

Civil Procedure Rules (CPR) Part 32: Contains specific rules and requirements regarding evidence, including the format and submission of affidavits in legal proceedings.

Commissioners for Oaths Act 1889: Legislation governing the powers and duties of commissioners for oaths who can authenticate affidavits and statutory declarations.

Statutory Declarations Act 1835: Historical but still relevant legislation setting out the basic framework for making statutory declarations in England and Wales.

Supreme Court Act 1981: Contains provisions regarding the powers of commissioners for oaths and the administration of oaths in legal proceedings.

UK General Data Protection Regulation: Governs the processing and handling of personal data that might be included in the affidavit or declaration.

Data Protection Act 2018: UK's implementation of data protection requirements, relevant when personal information is included in legal documents.

Human Rights Act 1998: Ensures compliance with human rights, particularly Article 6 regarding the right to a fair trial when affidavits are used in legal proceedings.

Fraud Act 2006: Relevant legislation regarding false representations in legal documents, including penalties for fraudulent declarations.

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