Hardship Affidavit Template for England and Wales
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What is a Hardship Affidavit?
A hardship affidavit in England and Wales is a sworn statement submitted to a court or other authority to demonstrate that a person faces genuine financial or personal difficulties preventing them from meeting an obligation. It must be sworn before an authorised person under the Oaths Act 1978 and is typically accompanied by supporting documentary evidence. Courts use it in debt enforcement, repossession, family finance, and insolvency proceedings.
About the Hardship Affidavit
A Hardship Affidavit is a sworn legal statement that documents your financial difficulties under oath, providing creditors and courts with verified information about your inability to meet current financial obligations. This document carries legal weight because it is signed under penalty of perjury and typically requires notarization, making false statements a criminal offense.
When do you need this document?
You need a Hardship Affidavit when requesting mortgage loan modifications, negotiating payment plans with creditors, applying for student loan deferrals or forbearance, or seeking relief in bankruptcy proceedings. Financial institutions often require this document before considering any modification to your original agreement. The affidavit is also necessary when applying for federal assistance programs, requesting medical debt adjustments, or seeking court-ordered payment arrangements. Many state and federal programs mandate this documentation to verify genuine financial distress before approving relief measures.
Key legal considerations
Your Hardship Affidavit must include complete and accurate financial information, including all income sources, monthly expenses, assets, and debts. Under the Truth in Lending Act, you have the right to request loan modifications, and creditors must consider your hardship documentation in good faith. The Fair Debt Collection Practices Act protects you from harassment while your hardship is being reviewed, but you must provide honest and complete information. Supporting documentation such as pay stubs, medical bills, unemployment notices, or divorce decrees strengthens your affidavit. Remember that providing false information in a sworn affidavit constitutes perjury, which can result in criminal charges and penalties.
Legal requirements in United States
Under federal law, your Hardship Affidavit must be notarized by a licensed notary public to be legally valid. The document must clearly identify you, state the specific hardship you are experiencing, and provide detailed financial information including monthly income and expenses. Federal programs like Making Home Affordable have specific requirements for hardship documentation, including proof of income reduction or increased expenses. State consumer protection laws may provide additional requirements or protections, and some states require specific language or disclosures in hardship affidavits. The U.S. Bankruptcy Code recognizes hardship affidavits as evidence in proceedings, but courts may require additional documentation to verify claims. Your affidavit should reference the specific relief you are seeking and comply with any creditor-specific or program-specific requirements.
GOVERNING LAW
Applicable law
This Hardship Affidavit is drafted to comply with England and Wales law. Key legislation includes:
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