Affidavits

1800 Notary is Canada's National Notary Public Company

Toronto Location

6101A Yonge St.

North York, ON M2M 3W2

(416) 915 0051

Thornhill Location

7620 Yonge St. Unit 100

Thornhill, ON L4J 1V9

(416) 915 0050

Affidavits

An affidavit is a formal legal document in which a person—commonly called the affiant or deponent—makes a series of statements and swears under oath that these statements are true.

While affidavits are frequently associated with courtroom proceedings, their use extends far beyond the legal system. For instance, if you plan to marry in a foreign country, you might need to present a sworn statement to local authorities affirming that you’ve never been married before or that you’re legally divorced. This proof is often a prerequisite for obtaining a marriage license in that country.

1800 Notary

Online Notary Public

The key principle of sworn statements is unwavering truthfulness—every word you include must be accurate.

These statements are about what you know for certain, not what you speculate or assume.
They must present facts, not hypothetical ideas or theories.
If you include something you reasonably believe to be true, it’s essential to make it unmistakably clear that it’s an expression of belief, not a declaration of fact.

Precision and honesty are paramount.

The reason you need an affidavit

The purpose behind your affidavit determines the details you need to include. For instance, an affidavit confirming your eligibility to marry in a foreign country differs significantly from an affidavit of service, which outlines how and when legal documents were delivered to someone involved in a court case. Despite these differences, the general structure remains consistent: it begins with identifying yourself and presenting the facts of your case. The process concludes when you appear before a Commissioner of Oaths or Notary Public, present valid identification, swear that the affidavit’s contents are true, sign the document, and have it certified with their signature and stamp.

If you need an affidavit, 1800Notary offers two key services to assist you:

We can help you draft straightforward affidavits, though we do not provide legal advice. Our drafting assistance is limited to cases where no legal counsel is necessary. For instance, we can assist in preparing an affidavit required for your marriage. However, we are unable to assist with affidavits intended to support legal claims in court; for those, consulting a lawyer is essential.

For an affidavit to be valid, it must be sworn before a Commissioner of Oaths or a Notary Public. As qualified Commissioners of Oaths and Notaries Public, we can administer this process. If we draft the affidavit for you, swearing it is included as part of the service. If you’ve prepared the affidavit elsewhere, you can bring it to any of our offices, and we will witness your signature. It’s important that you don’t sign the affidavit beforehand, as we are required to witness you signing it in our presence and confirming its accuracy.

your affidavit may require supporting documents, known as exhibits. While some affidavits don’t include any exhibits, others may require multiple. For example, the affidavit for marriage might need copies of your birth certificate, passport, or Divorce Certificate/Judgment. Depending on the requirements of the country involved, other documents may also be necessary. We can incorporate references to these exhibits in the affidavit we draft for you. If needed, we can also certify copies of original documents, allowing you to retain the originals. If exhibits are part of your affidavit, they must accompany you during the swearing process, as the Commissioner or Notary must also mark and certify the exhibits during the oath.