Affidavits Service Birmingham - Expert Solicitors & Commissioners for Oaths

Mr Arshad Mahmood is a Solicitor and Commissioner for Oaths at Premium Solicitors Ltd with more than 21 years of Post Qualification Experience (PQE) as a Solicitor and Commissioner for Oaths.

What is an affidavit?

An affidavit is a written statement of facts that a person swears or affirms to be true before someone authorised to administer oaths. The person making it is called the deponent. Affidavits are used where sworn written evidence is required. The person taking the affidavit witnesses the formal oath or affirmation; they do not automatically investigate or verify every fact in it.

When might I need an affidavit in the UK?

An affidavit may be required by a court order, a particular legal procedure or an organisation requesting sworn evidence. Examples include some civil or family court matters and an affidavit of best interests in an application to enrol a child’s deed poll. Check the exact form and instructions you have received: many applications require a witness statement or statutory declaration instead.

Who can administer an oath or affirmation for an affidavit in England and Wales?

An affidavit can be sworn or affirmed before an authorised person, such as a solicitor with the relevant powers, a Commissioner for Oaths or a notary public. In some court proceedings, an authorised court officer may also be able to assist. Premium Solicitors provides affidavit services through its solicitors and Commissioners for Oaths in London and Birmingham.

Can the solicitor handling my court case also swear my affidavit?

For affidavits used in civil or family proceedings, the person before whom the affidavit is sworn must be independent of the parties and their representatives. If Premium Solicitors is representing you in the proceedings, we can discuss drafting the affidavit and arranging for it to be sworn or affirmed before a separate authorised person.

What is the difference between swearing an oath and making an affirmation?

Both are formal ways of confirming that your affidavit is true. An oath is sworn in accordance with a person’s religious belief. An affirmation is a non-religious solemn promise with the same legal effect. Tell us which you prefer when arranging your appointment.

Is an affidavit the same as a statutory declaration?

No. An affidavit is sworn or affirmed before an authorised person. A statutory declaration is a formal declaration of truth made in the form required for that purpose. The correct document depends on the court, organisation or procedure requesting it. Send us its instructions if you are unsure which service to book.

Is an affidavit the same as a witness statement?

No. A witness statement is usually verified by a signed statement of truth; an affidavit must be sworn or affirmed before an authorised person. Courts generally use witness statements for evidence unless a rule, court order or particular application requires an affidavit. Check the relevant directions before paying for an affidavit appointment.

Can Premium Solicitors draft an affidavit for me?

Yes. We can prepare an affidavit using the facts and documents you provide, subject to the nature of the matter and any applicable court requirements. We can also offer an appointment to swear or affirm an affidavit you have already prepared. If the affidavit is for proceedings in which we act for you, an independent authorised person must take it.

What should I bring to an affidavit appointment?

Bring your unsigned affidavit, valid photo identification such as a passport or driving licence, all documents referred to as exhibits, and any instructions from the court or receiving organisation. If there is a case number, deadline or prescribed form, provide those details when booking. If you need drafting, send us the relevant facts and documents in advance.

Can I sign the affidavit before attending?

Please leave the affidavit unsigned. You will normally sign it when you swear or affirm it before the authorised person. If you have already signed, let us know before attending; a fresh signature or document may be needed.

What happens when I swear or affirm an affidavit?

The solicitor or Commissioner for Oaths will check your identity and the document, ask you to confirm its contents, and administer your chosen oath or affirmation. You then sign before them. They complete the jurat, the formal section recording that the affidavit was sworn or affirmed before them. An appointment to administer the oath does not, by itself, include a full review of your case or independent legal advice.

What are exhibits to an affidavit?

Exhibits are documents referred to in and used alongside the affidavit, such as correspondence, certificates or records. A court may require you to identify and mark each exhibit in a particular way. Bring the full set and any exhibit cover sheets or instructions, and tell us how many exhibits you have when booking.

How long does it take to swear an affidavit?

An appointment for a complete, ready-to-sign affidavit is usually brief. Allow extra time if the document has several exhibits, needs correcting or has special witnessing requirements. Drafting an affidavit is a separate service and may take longer; tell us your deadline as early as possible.

Where can I book an affidavit appointment with Premium Solicitors?

We offer affidavit services in Wimbledon, London and in Birmingham city centre. Select the appropriate service and office when you book an appointment online. Bring your photo ID to your affidavit appointment.

Are weekend or urgent affidavit appointments available?

Our London office offers appointments seven days a week, subject to availability. You can book an appointment online through our website to find available appointment slots for the service you need. 

Can I swear an affidavit online or over a video call?

No, you cannot swear an affidavit online as our advertised affidavit appointments take place at our offices. 

Will an affidavit sworn in the UK be accepted overseas?

Requirements vary by country and receiving organisation. You may be asked for a notarial act, a particular form of certification, an apostille from the UK Legalisation Office, or a translation. Check the requirements before booking: having an affidavit sworn before a UK solicitor does not, on its own, guarantee acceptance abroad.

Does swearing an affidavit mean a solicitor confirms the facts or gives independent legal advice?

No. The deponent is responsible for the truth of the affidavit. Administering an oath or affirmation confirms that the formal procedure took place; it does not certify that the solicitor checked every fact. Our Solicitors and Commissioners for Oaths do not provide any legal advice in relation to the legal matter to which the affidavit relates. 

Will my affidavit automatically be accepted by the court or organisation receiving it?

No. The receiving court or organisation decides whether the affidavit meets its rules on wording, format, exhibits, timing and evidence. Read the affidavit carefully before signing: knowingly making a false statement under oath or affirmation can have serious legal consequences.

Need an affidavit drafted or sworn? Book an affidavit appointment online with Premium Solicitors in Wimbledon, London or Birmingham.