Notarised Affidavits: When do I need to notarise an affidavit?

What is an affidavit?

An affidavit is a written statement made under oath or affirmation used as evidence in legal matters. An affidavit is commonly used in court proceedings to present facts or information that the person making the affidavit (called the deponent) swears to be true.

The process involves the deponent signing the affidavit in front of an authorised official, such as a notary public, justice of the peace, or a lawyer. The affidavit must include only factual information within the deponent's knowledge and must not contain opinions or hearsay.

Affidavits are frequently used in civil cases, family law matters, and even in some administrative proceedings. For instance, they may be used to provide evidence in disputes involving family law, wills and estates, or property settlements. Affidavits are considered legal documents, and false information provided within an affidavit can result in serious legal consequences, such as charges of perjury.

In Australian legal practice, it's essential to ensure that an affidavit is properly witnessed and that all facts are clear and accurate, as it carries significant weight in legal decisions.

Does an affidavit need to be notarised?

In South Australia, affidavits do not always need to be notarised, but they must be signed and witnessed by an authorised person. While a notary public can witness an affidavit, it is not the only option. Affidavits can also be witnessed by a justice of the peace (JP), a lawyer, or other authorised persons such as a police officer or court official, depending on the type of legal matter.

The key requirement is that the affidavit must be sworn or affirmed in front of an authorised person who verifies your identity and confirms that you understand the contents of the affidavit. Notarisation is typically only required for documents intended for use overseas or in very specific legal situations.

For most domestic legal proceedings in South Australia, a justice of the peace or a lawyer will suffice as a witness, so notarisation is not mandatory.

In which cases does an affidavit need to be notarised?

A notarised affidavit is a legal document in which the person making the statement (called the deponent) swears or affirms that the information they are providing is true. The affidavit is then signed in the presence of a notary public, who is an authorised official who verifies the deponent's identity and ensures that the affidavit is signed voluntarily and with full understanding of its contents.

Once the notary public witnesses the signing, they add their official seal or stamp to the affidavit, along with their signature, to certify that the document has been properly executed. This process of notarisation adds a layer of authenticity and credibility to the affidavit, making it more acceptable in legal settings, especially in situations involving foreign jurisdictions or official government procedures.

An affidavit needs to be notarised in certain situations, particularly when the document will be used in specific legal contexts or jurisdictions.

  • 1. International Legal Matters - If an affidavit is intended for use in foreign courts or legal systems, it often needs to be notarised by a notary public to verify its authenticity. The notarisation confirms that the affidavit is genuine and that the signature was made in the presence of a recognised authority.
  • 2. Documents for Overseas Transactions - When dealing with business transactions, property purchases, or other legal matters that cross national borders, an affidavit may need to be notarised to meet the legal standards of the other country.
  • 3. Immigration and Visa Applications - In some cases, immigration authorities or embassies require notarised affidavits as part of visa or residency applications to ensure the validity of the information provided.
  • 4. Certain Financial Documents - Affidavits used in specific financial matters, such as banking transactions, estate management, or inheritance cases that involve foreign parties, may require notarisation for legal acceptance.
  • 5. Legal Requirements by Specific Organisations - Some organisations or institutions may have their own policies that mandate notarisation for affidavits to ensure the document's legitimacy. For instance, insurance claims, official declarations, or certain business filings may require a notarised affidavit.
  • 6. Affidavits for Government Use - Certain government departments or agencies might request notarised affidavits, especially when dealing with sensitive matters like name changes, passport applications, or other personal declarations.

In these cases, notarisation is necessary to add a higher level of legal credibility and ensure that the affidavit meets the standards of the jurisdiction or organisation requiring it.

Who can notarise an affidavit?

In South Australia, an affidavit can be notarised by a notary public. A notary public is a specially appointed legal professional who has the authority to verify documents, witness signatures, and certify that the document has been properly executed. They ensure that the person making the affidavit understands the contents and is signing it willingly.

hile other authorised individuals (such as Justices of the Peace or lawyers) can witness affidavits, only a notary public can notarise them, adding an official seal or stamp. This is particularly required for documents intended for use overseas or in certain specialised legal situations.

Getting an affidavit notarised

If you need to get an affidavit notarised in Adelaide, visit our Adelaide Public Notary office, where Bahal Singh Gill offers prompt, professional service. With 5-star reviews and a reputation for reliability, we make the process smooth and hassle-free. We understand busy schedules, so we're open on Saturdays and can even travel to your location for added convenience.

Can I get an affidavit notarised via Zoom?

South Australia does not currently allow affidavits to be notarised online (such as via Zoom). Notarisation requires the notary public to physically witness the signing of the affidavit and apply their seal in person. Call (08) 8342 1388 to book an appointment.

Contact BSG Lawyers for a comprehensive consultation Contact Us