Making important legal documents

Affidavits

This guide explains how to make an affidavit, including what to include in it, who can witness it and how to swear or affirm and sign it.

What is an affidavit?

An affidavit is a written statement that is sworn on oath or affirmed to be true and correct in the presence of an authorised witness.

Affidavits are used to give evidence in a court or tribunal. Sometimes they can be used instead of someone appearing as a witness in person and giving evidence.

Knowingly making a false statement in an affidavit can be a criminal offence.

Oaths and affirmations

An oath is a religious solemn promise. An affirmation is a non-religious swearing of the truth.

When a person makes an oath or affirmation, they are making a solemn promise or swearing that either:

  • they know the contents of the affidavit are true
  • the contents of the affidavit are true to the best of their knowledge, where the contents are stated on the basis of information and belief.

A person making an affidavit—and the oath or affirmation—is called a signatory or deponent.

Affidavits

In this guide

  1. How to download an affidavit form
  2. A witness for an affidavit
  3. Information an affidavit must include
  4. Making an affidavit
  5. Oaths and affirmations for an affidavit
  6. Signing an affidavit
  7. After an affidavit is made

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Legislation changes

The law has changed and you can now execute and witness statutory declarations and affidavits electronically. These changes were made in response to the COVID-19 pandemic.

Learn more about the legislative amendments in the:

Read our fact sheets for more information, including the History of legislative reforms fact sheet.

Contacts

For more information on how to make an affidavit—or if you have concerns about your own or someone else’s safety (e.g. due to domestic, family or sexual violence)—contact:

Last updated:
3 February 2025