An affidavit in Singapore is a written statement of facts that you swear or affirm to be true before a Commissioner for Oaths, and it serves as evidence in court proceedings.
What is an Affidavit in Singapore?
An affidavit is a formal written statement of facts that you swear under oath or affirm to be true. Its primary legal purpose is to be used as evidence in court proceedings and other formal legal applications. Making a false statement in an affidavit is a serious offence under Singapore law, which can lead to penalties for perjury.
How to Draft a Valid Affidavit
A proper affidavit must include specific components to be legally valid. It should have a clear title, details about the person making the statement (the deponent), and numbered paragraphs stating the facts in a clear, factual manner written in the first person.
Essential Components
- Title and Deponent Details: Clearly state the court matter and include your full name, identification number, and occupation.
- Numbered Paragraphs of Facts: Each paragraph should contain a single, clear fact without opinions or hearsay.
- Jurat (Oath Clause): This is a section at the end where the Commissioner for Oaths certifies that the affidavit was sworn or affirmed.
- Exhibits: Supporting documents must be properly annexed and referred to within the affidavit text.
The Swearing Process: Commissioner for Oaths
For an affidavit to be valid, you must swear or affirm it before a Commissioner for Oaths. This is a person appointed by the Singapore Chief Justice to administer oaths.
Finding and Meeting a Commissioner
You can find a Commissioner for Oaths through the Singapore Courts website or at certain law firms. During the appointment, the Commissioner will verify your identity, have you read the affidavit to confirm its contents, and then administer the oath or affirmation. You then sign the document, and the Commissioner signs and seals it to complete the process.
Affidavit vs. Statutory Declaration: Key Differences
While both are sworn statements, affidavits and statutory declarations serve different purposes under Singapore law.
| Aspect | Affidavit | Statutory Declaration |
|---|---|---|
| Primary Purpose | Used as evidence in court proceedings. | Used for non-court administrative matters (e.g., confirming address, name changes). |
| Who Administers | Must be sworn before a Commissioner for Oaths. | Can be sworn before a wider group, including lawyers, notaries public, or a Justice of the Peace. |
| Typical Use Cases | Court hearings, family matters, legal applications. | Banking, government applications, statutory declarations for various official purposes. |
Common Types of Affidavits and Their Uses
Specific types of affidavits are tailored for different legal situations.
- Affidavit of Support: A document used for visa and immigration sponsorship, where you agree to financially support an applicant.
- Affidavit of Service: Used to prove that legal documents like court papers were delivered to the correct party.
- General Affidavit for Court Evidence: Used to present facts in civil or family court matters, such as divorce or financial disputes.
Step-by-Step Guide to Making Your Affidavit
- Gather Facts and Documents: Collect all necessary information and supporting evidence for your statement.
- Draft the Affidavit: Use a proper Affidavit template to structure your statement with numbered paragraphs of facts.
- Book an Appointment: Schedule a meeting with a Commissioner for Oaths.
- Attend and Swear: Go to the appointment, confirm the contents, and swear or affirm the affidavit before signing it.
- File or Submit: Use the sworn affidavit as required, such as filing it with a court or submitting it to the relevant authority.
Your Next Step
To start the process, use a professionally drafted Affidavit template tailored for Singapore. It provides the correct structure and ensures you include all necessary legal components before visiting the Commissioner for Oaths.
