An affidavit is one of the most versatile documents in the legalisation process - it can be used to confirm almost anything that a foreign authority needs a formal declaration about. Whether it is a statement of marital status for a marriage abroad, a declaration of name history for an immigration application, confirmation of a financial arrangement for an overseas property transaction, or a sworn statement of facts for foreign legal proceedings, the process of getting an affidavit apostilled follows the same route.
What an affidavit is - and why it already meets one of the FCDO's requirements
An affidavit is a written statement of facts that has been sworn or affirmed before a UK solicitor, Notary Public or commissioner for oaths. Before the affidavit can be submitted to the FCDO, the solicitor or Notary Public who witnessed the oath must include a signed statement on the document confirming that the affidavit was in fact signed and sworn in their presence. This statement must carry their wet-ink signature and official stamp. Without this confirmation, the FCDO has nothing to authenticate and the document will be rejected. Once that statement is in place, the affidavit is ready for FCDO submission.
Sworn vs signed - why the distinction matters
A document that has been signed but not sworn before a solicitor or commissioner for oaths is not an affidavit. It is a statement or declaration with no legal standing as sworn evidence. Some overseas authorities specifically require a sworn affidavit rather than a signed letter or declaration - and the FCDO will only apostille the document if it carries the witnessing professional's wet-ink signature confirming the oath was administered. If a foreign authority has asked for an affidavit, make sure the document is properly sworn, not just signed.
When an apostilled affidavit is commonly required
The situations that most frequently require an apostilled affidavit include getting married abroad where there is a name discrepancy between documents or where the foreign authority requires a formal declaration of marital status; immigration and visa applications where a sworn statement of facts is required as supporting evidence; custody or family proceedings in a foreign court; overseas property transactions requiring a formal declaration of ownership, financial standing or identity; insurance claims abroad where a sworn statement of circumstances is needed; and proving identity, address or relationship status to a foreign government body.
For countries outside the Hague Convention
For Hague Apostille Convention member countries, the apostille is the final step. For countries outside the Convention embassy attestation is required after the apostille. Some destinations also require a certified translation of the affidavit. If the affidavit is being used alongside other supporting documents - birth certificates, marriage certificates, passport copies - those will each need to be apostilled separately following their own format rules.
Get in touch
Call our team on +44 (0) 204 630 7500 to discuss your situation. If you are unsure whether a sworn affidavit is what the foreign authority requires, or whether a statutory declaration would also be accepted, we can help clarify before you instruct a solicitor.