An affidavit is a written statement in which a person sets out facts and confirms them under oath for a particular legal or official purpose. When drafting an affidavit in the UAE, the wording should be accurate, factual and appropriate for the court, embassy, government authority or other organisation that will receive it.
The first step is therefore not simply choosing an affidavit template. The purpose of the document, the facts to be stated and the receiving authority’s requirements should be confirmed before the affidavit is prepared. Individuals and businesses that need help structuring the document can use legal document drafting support before submitting it for the applicable notarial procedure.
Notarisation should also be distinguished from attestation or legalisation. If an affidavit will be used outside the UAE, additional document authentication may be required after notarisation depending on the destination country and receiving authority.
What Is an Affidavit in the UAE?
An affidavit is a formal written statement of facts made by a person, commonly called the deponent, who confirms the contents under oath.
Under Federal Decree-Law No. 20 of 2022 Regulating the Notary Profession, a Public Notary verifies the identity, capacity, status and consent of the person concerned before drafting and notarising an affidavit. The oath is then administered for the purpose of verifying the affidavit being notarised.
A Private Notary does not automatically have the same affidavit and oath-administering authority in every case. Under the current Executive Regulations, that authority is subject to separate approval and applicable conditions.
The notary’s role should not be misunderstood as independent proof that every factual statement in an affidavit is true. The person making the affidavit remains responsible for the information declared under oath.
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When May an Affidavit Be Required in the UAE?
An affidavit may be requested where an authority needs a formal sworn statement concerning particular facts. The exact requirement depends on the procedure involved.
Common situations can include:
- Name variations or discrepancies between official documents
- Single or marital status matters where an affidavit is accepted
- Date or place of birth information
- Residence or address declarations
- Employment or income information
- Family relationship declarations
- Visa, immigration or consular procedures
- Court or other official proceedings
- Other factual statements requested by a competent authority
An affidavit is not automatically the correct document for every one of these situations. Some authorities may instead require an official certificate, declaration, undertaking or another type of evidence. The receiving authority’s requirement should therefore be checked before drafting begins.
Affidavits Commonly Used in the UAE
| Affidavit Type | Typical Purpose |
| Name Affidavit | Explains or confirms variations in a person’s name appearing across documents. |
| Single Status Affidavit | Declares marital status where the receiving authority accepts an affidavit for that purpose. |
| Birth Details Affidavit | Confirms information concerning a date or place of birth where sworn evidence is accepted. |
| Address or Residency Affidavit | Declares a person’s address or place of residence for an accepted procedure. |
| Employment or Income Affidavit | States relevant employment, salary or income information where required. |
| Relationship Affidavit | Declares a family relationship where the relevant authority accepts sworn evidence. |
| General Affidavit | Records particular facts for a legal, administrative or personal purpose. |
The title of the document matters less than whether its wording and format meet the requirements of the authority receiving it. An affidavit should not be used as a substitute for an official certificate where the procedure specifically requires that certificate.
How to Draft an Affidavit in UAE
A well-prepared affidavit should be easy to understand and limited to facts relevant to its intended purpose. Unnecessary legal wording or copied clauses can make the statement less clear rather than more effective.
1. Confirm the Purpose and Receiving Authority
Identify why the affidavit is required and where it will be submitted. An affidavit intended for a court may not require the same wording or supporting evidence as one requested by an embassy, immigration authority or overseas organisation.
2. Identify the Person Making the Affidavit
The draft should accurately state the deponent’s identifying details required for the transaction. Names should correspond with the passport, Emirates ID or other identification documents being relied upon.
3. Set Out the Facts Clearly
The relevant facts should be written in a logical order. Where several events are involved, numbered paragraphs can make the affidavit easier to follow.
The deponent should state facts within their knowledge and avoid vague, contradictory or unsupported wording.
4. Refer to Supporting Documents Where Necessary
If the affidavit concerns a name discrepancy, previous marriage, employment, family relationship or another matter supported by records, the relevant documents should be identified and prepared for review where required.
5. Include the Appropriate Declaration or Oath
The closing section should make clear that the deponent confirms the contents under oath. The final wording should follow the form accepted by the notary or receiving authority.
6. Do Not Sign Prematurely
An affidavit intended to be sworn or notarised should generally not be signed in advance unless the relevant notary procedure expressly instructs otherwise. Signing should take place through the approved notarial process after identity and document review.
Drafting and Notarising an Affidavit in the UAE
Once the affidavit has been prepared, the next steps depend on the notary service and the purpose for which the document will be used.
Step 1: Review the Draft
Check the names, identification details, dates and factual statements against the supporting documents. The receiving authority’s requirements should also be confirmed before notarisation.
Step 2: Prepare Identification and Supporting Records
The deponent should prepare the identification required for the relevant service, such as a valid Emirates ID or passport, together with documents supporting the subject of the affidavit where applicable.
Step 3: Complete Legal Translation Where Required
Where documents are submitted in a language other than Arabic and the applicable Dubai notary procedure requires Arabic, a legal Arabic translation certified in accordance with UAE requirements may be necessary.
Foreign-issued supporting documents may also require authentication before they can be relied upon in the UAE, depending on the transaction.
Step 4: Submit the Affidavit for the Appropriate Notary Procedure
The draft and supporting documents are submitted for review through the applicable notary channel.
Dubai Courts provides Smart Electronic Notary services for eligible notarial transactions. Depending on the transaction, identification and service requirements, review and execution may involve electronic procedures, virtual attendance or physical attendance.
Step 5: Identity Verification, Oath and Execution
For an affidavit notarised under the UAE notary framework, the notary verifies the relevant identity, capacity and consent requirements and administers the oath before the affidavit is completed through the approved process.
Step 6: Additional Attestation Where Necessary
If the notarised affidavit is intended for use outside the UAE, the destination authority may require further authentication or legalisation. This is a separate stage from notarisation and should be checked according to where the document will ultimately be used.
Where additional cross-border processing is required, the appropriate attestation and legalisation process can be reviewed separately.
Documents Commonly Needed When Preparing an Affidavit
The exact documents depend on the affidavit and the authority handling it. Commonly relevant records include:
- Valid passport of the person making the affidavit
- Emirates ID for UAE residents where applicable
- The affidavit draft or complete instructions for preparing it
- Supporting documents relating to the facts being declared
- Legal Arabic translations where required
- Authenticated foreign documents where required for the intended procedure
Before submission:
- Check that names and identification details match the supporting documents.
- Make sure dates and factual statements are internally consistent.
- Confirm whether the receiving authority accepts an affidavit for the intended purpose.
- Check whether original documents, certified copies or translated versions are required.
Affidavit vs Declaration, Attestation and Other Notary Documents
Several document procedures are commonly described as “notary services”, but they do not mean the same thing.
| Document or Procedure | What It Means |
| Affidavit | A written statement of facts confirmed by the deponent under oath. |
| Declaration | A formal statement or acknowledgment that may or may not involve an oath, depending on its form and intended use. |
| Notarisation | The notarial procedure through which identity, capacity, consent, execution and other applicable requirements are dealt with by the competent notary. |
| Attestation / Authentication / Legalisation | Separate processes commonly used to authenticate documents or official signatures for use across jurisdictions. |
| Certified True Copy | A process confirming that a copy corresponds with an original document. It is not an affidavit. |
| Power of Attorney | A document authorising another person to act on behalf of the principal. It is different from a personal sworn statement of facts. |
| Legal or Judicial Notice | A formal notice used to communicate a legal demand, warning or other specified action. It serves a different purpose from an affidavit. |
Selecting the correct document type before drafting can prevent unnecessary notarisation, translation or attestation work.
Affidavit Drafting Cost and Processing Time
There is no single UAE-wide cost or processing time for every affidavit. The total requirement depends on the document, its purpose, the notary procedure and any additional translation or authentication needed.
| Service Component | What Affects Cost or Timing |
| Affidavit Drafting | Complexity of the facts, supporting documents and drafting requirements. |
| Notary Procedure | Document classification, applicable official fee schedule, number of parties or signatures and notary requirements. |
| Legal Translation | Language, document length and whether certified Arabic translation is required. |
| Attestation or Legalisation | Destination country, authorities involved and intended overseas use. |
Fixed promises such as “same-day notarisation” should not be assumed for every affidavit. Processing depends on document readiness, notary review, appointment or electronic-service availability and whether corrections or additional supporting documents are requested.
Common Mistakes to Avoid When Drafting an Affidavit
- Using an unrelated online template: wording prepared for another country or procedure may not suit the UAE transaction.
- Incorrect personal details: names, passport numbers and other identifying information should match the supporting records.
- Including opinions instead of facts: an affidavit should state the facts relevant to its purpose as clearly as possible.
- Signing before being instructed to do so: where the affidavit must be sworn or notarised, execution should follow the applicable notarial procedure.
- Missing supporting documents: an authority may request evidence supporting the facts contained in the affidavit.
- Assuming every affidavit requires the same Arabic translation: translation requirements should be checked for the specific notary service and receiving authority.
- Confusing notarisation with attestation: notarising an affidavit in the UAE does not automatically complete every legalisation step required for overseas use.
- Assuming the notary verifies every factual statement: the person making the affidavit remains responsible for the truth of the facts declared under oath.
Frequently Asked Questions (FAQs)
What is an affidavit in the UAE?
An affidavit is a written statement of facts confirmed by the person making it under oath. Where it is notarised under the UAE notary framework, the notary verifies the applicable identity and capacity requirements and administers the oath.
Does every statement or declaration in the UAE need to be notarised as an affidavit?
No. The document required depends on the receiving authority and purpose. Some procedures require a notarised affidavit, while others may require a declaration, official certificate or another form of evidence.
Can an affidavit be drafted in English in the UAE?
The draft can be prepared in English, but an Arabic version or certified legal Arabic translation may be required for the applicable notarial or government procedure. This should be confirmed before submission.
What information should an affidavit contain?
It should normally identify the person making the statement, clearly set out the relevant facts, refer to supporting information where necessary and contain the appropriate declaration or oath wording for its intended use.
Can I sign an affidavit before submitting it to the notary?
Do not sign in advance unless the applicable notary procedure specifically allows or instructs you to do so. An affidavit that requires an oath should be executed through the approved notarial process.
Can an affidavit be notarised online in Dubai?
Dubai Courts provides electronic notary channels for eligible notarial transactions. Whether a particular affidavit or declaration can be completed electronically depends on the transaction type, identity documents and notary review.
How long does affidavit drafting and notarisation take?
There is no fixed timeline for every affidavit. Timing depends on the complexity of the draft, document readiness, translation requirements, notary review and the available service channel.
Can a UAE notarised affidavit be used outside the UAE?
It may be used abroad, but the receiving country or authority may require additional MOFA attestation, embassy or consular legalisation, translation or another authentication step.
Can someone else sign an affidavit on my behalf?
An affidavit is normally a personal sworn statement by the person declaring the facts. Representation should not be assumed to replace the deponent’s oath, and any exception should be confirmed with the competent notary or receiving authority.
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Preparing an Affidavit for the Correct Purpose
Effective affidavit drafting starts with confirming what the receiving authority actually requires. The document should then identify the deponent correctly, set out the relevant facts clearly and be supported by consistent records before it proceeds to notarisation.
Notarisation, legal translation and overseas attestation should be treated as separate stages rather than automatically applying the same process to every affidavit.
If you need assistance reviewing the intended use of an affidavit, preparing the wording or coordinating the relevant document procedure, Notary Public Dubai can assist with affidavit drafting, notary preparation and related document support in the UAE.
