What Is Affidavit Witnessing and When Do You Need It?

Affidavit witnessing is the formal step in which a solicitor, or another person authorised to administer oaths, hears you swear or affirm that the contents of your affidavit are true and then countersigns it. Until that happens, the affidavit cannot be used in court.

What is an affidavit?

An affidavit is a written statement that you swear or affirm is true in front of an authorised witness such as a solicitor. Once witnessed, it can be filed with a court or tribunal.

Affidavits are used in legal proceedings. Statutory declarations are used outside court, for example to confirm a name change or to declare that a document has been lost.

When do you need an affidavit?

You may need one in civil litigation, such as injunctions, civil disputes and debt recovery, and in family proceedings, including divorce, child arrangements, financial remedy and adoption.

They also arise in probate (confirming a will or supporting an application for a grant), in immigration matters (Home Office applications and character references), and in commercial disputes and employment tribunals.

How does video call witnessing work?

1. Prepare the affidavit in full, but do not sign it.
2. Book a video appointment. The fee is £100 per document.
3. Join the call with the unsigned affidavit and your passport or driving licence.
4. The solicitor administers the oath or affirmation and watches you sign.
5. You email the signed affidavit to the solicitor, who countersigns the jurat and emails it back to you, usually the same day. Nothing is posted.

Book a video appointment