Oath or Affirmation for an Affidavit

For an affidavit in Australia, you can either swear an oath or make an affirmation, and both have the same legal effect. An oath is a religious promise to tell the truth, often made on a holy book; an affirmation is a solemn promise without any religious reference. The choice is yours.

Key takeaways

• An oath and an affirmation are legally equal. Neither makes your evidence stronger or weaker.
• An oath invokes a religious belief; an affirmation is secular. You choose, and you do not have to explain why.
• If you take an oath, you can usually use the holy book of your faith, or none at all, depending on the witness's practice.
• The jurat, the closing words above the signatures, should say "sworn" or "affirmed" to match what you did.
• A statutory declaration is different: you declare, rather than swear or affirm.

What is the difference?

An affidavit is written evidence that you confirm is true in front of an authorised witness. You confirm it in one of two ways. Swearing an oath means promising, by reference to a god or religious belief, that the contents are true, often while holding a holy book. Making an affirmation means solemnly and sincerely promising that the contents are true, without any religious element.

Australian law treats the two as equivalent. An affirmation has exactly the same legal effect as an oath, and a false statement is just as serious either way. People choose an affirmation for many reasons, including having no religious belief, having a belief that discourages oaths, or simply preferring it, and the witness should not ask why. Our guide to the difference between an affidavit and a statutory declaration explains where affidavits fit.

What words are used?

The exact wording varies between jurisdictions and courts, and the witness will usually read it to you or ask you to repeat it. An oath is typically along the lines of swearing by Almighty God that the contents of the affidavit are true. An affirmation is typically along the lines of solemnly and sincerely declaring and affirming that the contents are true. Some jurisdictions prescribe forms of words; the witness should use the correct form for where the affidavit will be used.

Before either, the witness usually confirms that you have read the affidavit, understand it, and that it is your signature, or that you are about to sign it. Then you take the oath or make the affirmation, sign, and the witness signs and completes the jurat. The whole step takes only a moment, but it is what turns a written statement into sworn evidence.

Can you choose any holy book?

If you take an oath, you can generally use the holy book of your own faith, such as the Bible, the Qur'an, the Torah, the Bhagavad Gita or the Guru Granth Sahib, and some witnesses keep several. You may also take an oath without holding a book, where the witness's practice allows. If you would prefer not to use a book at all, or the witness does not have the book of your faith, an affirmation is always available and has the same effect.

Tell the witness your preference when you arrive, or when you book. Notaries and court staff are used to both, and should accommodate your choice without comment.

Question	Oath	Affirmation
Religious element	Yes	No
Holy book	Often, of your faith	None
Legal effect	Full	Full, the same as an oath
Jurat wording	"Sworn"	"Affirmed"
Consequence of a false statement	Serious offence	Serious offence, the same
Need to explain your choice	No	No

What is the jurat?

The jurat is the short closing section of an affidavit, above or beside the signatures, that records how, where and when it was sworn or affirmed and before whom. It usually says something like "Sworn at Sydney on [date] before me", followed by the witness's signature, name and qualification. If you affirmed, it should say "Affirmed" instead of "Sworn".

A mismatch, such as a jurat that says "sworn" when you affirmed, can cause a court or foreign body to query the affidavit. Most affidavit forms leave the word to be completed or offer "sworn/affirmed" to strike out; make sure it is completed correctly at the time, by the witness. Our guide to notarising an affidavit covers the notarial version.

Who can administer the oath or affirmation?

For an affidavit used in an Australian court, the oath or affirmation must be administered by a person authorised to take affidavits in that jurisdiction, such as a Justice of the Peace, a lawyer, certain court officers or other listed office holders. The list differs between states and territories, so check it for the court concerned. A notary can also take affidavits and is the usual choice for affidavits going overseas.

For an affidavit going overseas, the foreign court or body may have its own requirements for the form of the oath, the jurat and the witness. An Australian notary will administer the oath or affirmation, complete the jurat and attach a notarial certificate, and DFAT can then apostille the notary's signature if asked. Our guide to court documents covers related points.

What about statutory declarations?

A statutory declaration is different. You do not swear an oath or make an affirmation; instead, you sign a declaration that the contents are true, in the form set by the relevant law, before an authorised witness. The declaration itself carries the legal consequences, and making a false statutory declaration is an offence. So if someone asks whether you want to swear or affirm a statutory declaration, the answer is neither: you declare. Our guide to statutory declarations explains how they work.

What about affidavits for foreign courts?

Foreign courts sometimes use different wording, and some countries' forms refer to "sworn statements", "declarations under oath" or similar. If you are given a foreign form, check with the foreign lawyer whether an affirmation is acceptable in that country, and what the jurat should say. Most legal systems accept a secular alternative to an oath, but the form of words and the witness's certificate may need to follow local practice, so ask before the appointment rather than after.

What if you do not understand the affidavit's language?

You must understand what you are swearing or affirming. If the affidavit is in a language you do not read well, or English is not your first language, the witness may need an interpreter to read the affidavit to you and to interpret the oath or affirmation. Courts often require the interpreter to make their own statement, sometimes as a separate affidavit or certificate attached to yours, confirming that they interpreted accurately. Arrange an independent interpreter in advance, rather than relying on a relative, and tell the witness when you book. Our guide to documents in a language you do not read covers the same issue for notarised documents.

Can you swear an affidavit remotely?

Some Australian jurisdictions now allow affidavits to be sworn or affirmed by audio-visual link in certain circumstances, and the rules have changed since 2020. Whether it is available depends on the jurisdiction, the court and the document, and some courts set their own conditions. For affidavits going overseas, the foreign court or body decides whether it accepts a remotely sworn affidavit, and many do not. Check before arranging a video appointment.

How do you prepare for swearing an affidavit?

1. Read the affidavit carefully and make sure every statement in it is true and within your knowledge.
2. Decide whether you will swear an oath or make an affirmation, and tell the witness.
3. Bring photo identification, the unsigned affidavit and any exhibits, marked as required.
4. Take the oath or make the affirmation as the witness directs, then sign in their presence.
5. Check the jurat says "sworn" or "affirmed" to match, before you leave.

What does this look like in practice?

Here is an illustration, not a real case. Mei needs to swear an affidavit for a family law matter in Australia and another for a court in Singapore. She has no religious belief and prefers to affirm.

For the Australian affidavit, she tells the JP she will affirm, repeats the affirmation, signs, and the JP completes the jurat with "Affirmed". For the Singapore affidavit, her lawyer there confirms that an affirmation is accepted and sends the form of jurat. She affirms before a notary, who completes the jurat accordingly and attaches a notarial certificate, and DFAT adds an apostille.

In short

For an affidavit in Australia, swearing an oath and making an affirmation have the same legal effect: an oath is religious, often on a holy book of your faith, and an affirmation is secular. The choice is yours and needs no explanation. Make sure the jurat says "sworn" or "affirmed" to match, use an authorised witness, and check foreign requirements for affidavits going overseas.

People also search for

• How is a certified copy of an affidavit made?
• What does a notary public do in Australia?
• Which ID documents does a notary accept?
• How does a notary check capacity and duress?
• How are legal documents notarised?
• Which documents does an international divorce need?

Need an affidavit sworn or affirmed for Australia or overseas? Send us the details and where it is going, and we will explain each step before you book.