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What is an Affidavit?

An affidavit is a written statement made under oath, where someone formally declares that specific facts or claims are true. In Belgian legal practice, these sworn statements carry significant legal weight and must be signed before a qualified official like a notary or court officer who verifies the person's identity and administers the oath.

Belgian courts and government agencies often require affidavits for various legal proceedings, from civil disputes to administrative matters. They serve as powerful evidence because making false statements in an affidavit is considered perjury under Belgian law, carrying serious penalties. Common uses include confirming family relationships for inheritance cases, providing testimony for court proceedings, or verifying financial information for official purposes.

When should you use an Affidavit?

Use an affidavit when you need to provide legally binding written testimony in Belgian legal proceedings. Common situations include confirming family relationships for inheritance claims, documenting property ownership disputes, or providing evidence in civil court cases where direct testimony isn't possible. Belgian authorities also require affidavits for certain administrative procedures, like proving residency or marital status.

Banking institutions and government agencies often request affidavits to verify financial information or personal circumstances. They're particularly valuable when dealing with international matters, such as foreign inheritance cases or cross-border business disputes. Having your affidavit properly notarized in Belgium ensures it will be recognized by courts and official bodies both domestically and abroad.

What are the different types of Affidavit?

Who should typically use an Affidavit?

  • Notaries and Legal Officials: Authenticate affidavits, verify identities, and administer oaths in accordance with Belgian law
  • Private Individuals: Make sworn statements about personal matters like family relationships, property ownership, or lost documents
  • Government Agencies: Request and process affidavits for administrative procedures, citizenship applications, and official records
  • Courts and Judges: Accept affidavits as evidence in legal proceedings and evaluate their credibility
  • Legal Representatives: Draft and review affidavits on behalf of clients, ensuring compliance with Belgian legal requirements
  • Foreign Embassies: Use affidavits for visa applications, document verification, and international legal matters

How do you write an Affidavit?

  • Basic Information: Gather full names, addresses, and identification details of all parties involved in the affidavit
  • Supporting Documents: Collect relevant evidence, certificates, or records that support your sworn statements
  • Statement Details: Write clear, factual statements in chronological order, avoiding opinions or unclear language
  • Legal Requirements: Use our platform to generate a Belgian-compliant affidavit that includes all mandatory elements
  • Notary Appointment: Schedule a meeting with a Belgian notary who can witness your signature and administer the oath
  • Translation Needs: Arrange for certified translations if the affidavit will be used in non-Belgian jurisdictions
  • Final Review: Double-check all facts, dates, and statements for accuracy before signing

What should be included in an Affidavit?

  • Title and Declaration: Clear identification as an affidavit and formal declaration of truth under Belgian law
  • Personal Details: Full legal name, address, nationality, and identification number of the deponent
  • Statement of Facts: Numbered paragraphs containing clear, specific statements of fact without opinions or hearsay
  • Jurisdiction Clause: Explicit reference to Belgian jurisdiction and applicable laws
  • Oath Statement: Formal declaration that statements are true, made under penalty of perjury
  • Notarial Details: Notary's name, registration number, and official seal space
  • Signature Block: Dated signatures of deponent and notary, with official stamps as required
  • Annexes Reference: List of any attached supporting documents or exhibits

What's the difference between an Affidavit and an Affidavit and Indemnity Agreement?

An affidavit differs significantly from an Affidavit and Indemnity Agreement in Belgian legal practice. While both documents involve sworn statements, their purposes and legal implications vary considerably.

  • Legal Purpose: An affidavit is purely a sworn statement of facts, while an affidavit and indemnity agreement combines sworn statements with promises to protect against future losses or claims
  • Scope of Protection: Simple affidavits only verify facts, but indemnity agreements add financial protection for specific parties
  • Duration of Effect: Affidavits capture facts at a specific moment, while indemnity provisions create ongoing obligations
  • Required Parties: Affidavits need only the declarant and notary, but indemnity agreements require both a declarant and an indemnified party
  • Legal Enforcement: Affidavits focus on truth verification under penalty of perjury, while indemnity agreements add contractual obligations enforceable in civil court

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