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What is an Affidavit?

An affidavit is a written statement of facts that you swear or affirm is true in front of an authorized person like a lawyer or Justice of the Peace. It's one of the most common legal documents used in New Zealand courts and government processes, carrying the same weight as giving evidence under oath.

Courts rely on affidavits during civil cases, family proceedings, and immigration matters. Making false statements in an affidavit is perjury under NZ law - a serious offense that can lead to criminal charges. Each affidavit must be properly witnessed, dated, and include a statement confirming the truth of its contents before it becomes legally valid.

When should you use an Affidavit?

You need an affidavit when providing formal evidence to New Zealand courts or government agencies. Common situations include supporting visa applications, proving your identity for name changes, verifying financial circumstances in family court matters, or presenting evidence in civil disputes where you can't appear in person.

Use affidavits to document important facts in property settlements, bankruptcy proceedings, and estate matters. They're essential when seeking urgent court orders, like restraining orders or emergency custody arrangements. Having your statement properly sworn and witnessed adds legal weight to your claims and helps courts make informed decisions based on verified information.

What are the different types of Affidavit?

Who should typically use an Affidavit?

  • Individuals: People swearing statements for court cases, visa applications, name changes, or property matters
  • Legal Professionals: Lawyers and solicitors who draft, review, and witness affidavits for their clients
  • Justices of the Peace: Authorized witnesses who verify identities and watch people sign affidavits
  • Court Officials: Judges and registrars who rely on affidavits as sworn evidence in legal proceedings
  • Government Agencies: Immigration NZ, LINZ, and other departments that require affidavits for official processes
  • Business Owners: Company directors and managers needing sworn statements for commercial disputes or regulatory compliance

How do you write an Affidavit?

  • Gather Facts: Write down all relevant dates, names, and events in chronological order before starting
  • Personal Details: Collect full legal names, addresses, and occupation details of everyone mentioned
  • Supporting Documents: Compile any referenced documents, photos, or evidence to attach as exhibits
  • Draft Structure: Use our platform to generate a legally compliant affidavit template specific to your situation
  • Clear Language: State facts simply and directly, avoiding opinions or irrelevant information
  • Witness Arrangements: Book an appointment with a JP or lawyer to witness your signature
  • Final Check: Review all statements for accuracy - you're swearing these facts are true

What should be included in an Affidavit?

  • Title: Clear heading stating "Affidavit" and the matter it relates to
  • Deponent Details: Full legal name, occupation, and residential address
  • Jurisdiction Statement: Specify the court or authority the affidavit is prepared for
  • Numbered Paragraphs: Each fact or statement in separate, sequential paragraphs
  • Jurat: Place, date, and authorized person's details where oath was taken
  • Exhibits: Referenced documents marked alphabetically and properly attached
  • Oath Statement: Declaration that contents are true and correct to best of knowledge
  • Signatures: Deponent's signature on each page and full signature with witness

What's the difference between an Affidavit and an Acknowledgement Form?

An affidavit differs significantly from an Acknowledgement Form, though both are formal legal documents. The key distinctions lie in their purpose, legal weight, and how they're executed.

  • Legal Weight: Affidavits are sworn statements that carry the same weight as court testimony, while acknowledgement forms simply confirm receipt or understanding of information
  • Witness Requirements: Affidavits must be sworn before authorized persons like JPs or lawyers; acknowledgement forms typically only need a regular witness
  • Purpose: Affidavits are used to present evidence in legal proceedings, while acknowledgement forms document that someone has received, understood, or agreed to something
  • Consequences: Making false statements in an affidavit is perjury with criminal penalties; incorrect acknowledgement forms usually only have civil implications

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Affidavit Of Next Of Kin Form

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Affidavit Of Consent And Support

A formal sworn document under New Zealand law where an individual officially declares their consent and support for a specific action or arrangement.

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Affidavit Of Intent

A formal sworn document under New Zealand law where an individual declares their intentions or plans regarding a specific matter, executed before an authorized witness.

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Affidavit Of Insertion

A New Zealand legal document providing sworn testimony of a notice or advertisement's publication in print or digital media, executed according to NZ law.

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Affidavit Of Inheritance

A sworn legal document used in New Zealand to establish inheritance rights and claim assets from a deceased person's estate.

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Affidavit Of Conformity

A sworn legal document used in New Zealand to formally declare compliance with specific standards or regulations, executed under the Oaths and Declarations Act 1957.

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Affidavit Of Indemnity

A New Zealand legal document combining a sworn statement with indemnification provisions, executed under oath to provide protection against specified losses or claims.

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Affidavit Of Income

A sworn legal document used in New Zealand to formally declare an individual's income and financial circumstances, requiring official verification and commonly used in court proceedings and financial matters.

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Affidavit Of Illegitimacy

A sworn legal document used in New Zealand to formally declare and establish the circumstances of a child's birth outside of marriage.

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Affidavit Of Identity

A legally binding sworn statement verifying an individual's identity under New Zealand law, witnessed by an authorized official.

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Affidavit Of Identification

A legally binding sworn document used in New Zealand to formally verify and confirm an individual's identity, executed under the Oaths and Declarations Act 1957.

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Affidavit Of Forgery

A sworn legal document under New Zealand law declaring that a signature or document has been forged, used in legal proceedings and fraud investigations.

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Affidavit Of Financial Support

A legally binding sworn document under New Zealand law where a sponsor commits to providing financial support for a beneficiary, typically used in immigration and visa processes.

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Affidavit Of Financial Means

A sworn statement used in New Zealand family courts providing detailed disclosure of an individual's complete financial position for family law proceedings.

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Affidavit Of Fact

A formal written statement made under oath in New Zealand, containing sworn facts and verified by an authorized official under New Zealand law.

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Affidavit Of Cohabitation

A formal sworn statement under New Zealand law declaring and providing evidence of a couple's cohabitation and relationship status.

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Affidavit Of Cohabitant

A sworn legal document used in New Zealand to formally declare and provide evidence of a de facto relationship or cohabitation arrangement.

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Affidavit Of Claim

A formal sworn statement used in New Zealand legal proceedings to present claims and supporting facts, executed before an authorized person under New Zealand law.

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Affidavit Of Character

A formal sworn statement under New Zealand law where one person officially attests to another person's character and reputation.

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Affidavit Of Cancellation

A sworn legal document under New Zealand law declaring the formal cancellation of a contract or agreement, executed before an authorized witness.

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Affidavit Of Birth

A formal sworn statement under New Zealand law declaring the facts of a person's birth, witnessed by an authorized official.

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Affidavit Of Authorization

A sworn legal document under New Zealand law that formally authorizes one party to act on behalf of another, witnessed by an authorized official.

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Affidavit Of Authenticity Of Documents

A legally binding sworn statement under New Zealand law that verifies the authenticity of specified documents, witnessed by an authorized official.

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Affidavit Of Assets And Liabilities

A sworn legal document used in New Zealand that provides a comprehensive declaration of an individual's assets and liabilities, required for various legal and financial proceedings.

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Affidavit Of Abandonment

A sworn legal document used in New Zealand to formally declare and provide evidence of abandonment of property, relationships, or legal rights.

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Affidavit Letter Of Support

A legally binding sworn declaration under New Zealand law where one party formally commits to providing support to another, typically used in immigration and legal proceedings.

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Affidavit For Sponsorship

A sworn legal document used in New Zealand immigration processes where a sponsor formally declares their commitment to supporting a visa applicant.

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Affidavit Of Agreement

A sworn legal document used in New Zealand to formally affirm the existence and terms of an agreement, executed under oath before an authorized witness.

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Affidavit Of Admission Of Paternity

A formal legal document used in New Zealand where a person swears or affirms their paternity of a child, witnessed by an authorized person and compliant with NZ law.

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Affidavit Of Acknowledgement

A formal sworn statement under New Zealand law where an individual acknowledges or confirms specific facts or documents before an authorized witness.

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Affidavit For Name Differences On Legal Documents

A New Zealand legal affidavit that formally declares and explains differences in name variations across official documents, sworn under the Oaths and Declarations Act 1957.

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Affidavit For Different Names Of Same Person For Passport

A sworn legal document used in New Zealand to declare and verify multiple name variations of an individual for passport purposes.

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Affidavit For Different Names Of Same Person

A New Zealand legal document sworn before an authorized witness that officially declares multiple different names belong to the same person.

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Affidavit For Collection Of Personal Property

A sworn legal document used in New Zealand to collect personal property from a deceased person's estate without formal probate, typically used for small estates.

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Address Affidavit

A sworn legal document under New Zealand law that formally verifies a person's residential address, witnessed by an authorized official.

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