Notarized affidavits (affidavit by a notary) in UAE have sworn statements that are in writing. They are used in courts and in negotiations. In the United Arab Emirates, they are commonly used in bankruptcy proceedings and family law cases. They’re also often utilized for criminal and civil cases.
Take note: an affidavit has to be notarized by a notary public in Dubai or anywhere in UAE in order to give authorities confirmed that the person making an affidavit swears on the truthfulness and correctness of the statements that are in the document. When an affidavit is notarized, the signing is also done in front of several witnesses.
Several kinds of cases need affidavits, while there are some that make the creation of affidavits voluntary. With family law, you’ll have to make a financial affidavit that’s part of the process of discovery. This, however, is not quite one and the same as written affidavits as you’re not writing a series of factual information.
In the UAE, you need a Notarized affidavit (affidavit by a notary) for the following situations:
- State that you’ve received a specific legal document
- Notify a creditor, lender, or any third party regarding an individual’s death
- Notify someone e.g. a spouse during divorce proceedings regarding a change in the circumstance
- Verify residency
- Make a statement being a witness in a court hearing
- Verify a change of name (usually needed with a person that recently married or divorced and wish to revert back to the maiden name
- Claim property or assets
- Confirm the identity of another person if the identity has been stolen
How can you write an effective affidavit?
An affidavit isn’t written in the typical paragraphs that we use when writing articles such as this. In every paragraph, there is a number and the paragraph contains a single fact. In order to make sure that the affidavit can be understood easily, the following are writing tips to keep in order:
- Keep jargon and legal language at a minimum or out of the document if possible.
- Make sure to keep the affidavit short and simple.
- Keep the sentences as short as you can.
- Don’t use any inflammatory language.
- Make sure you organize your thoughts and put them in proper order if you’re relation actions
- pertaining to a specific event.
- Don’t include any drama in the document. Simply state simple and plain facts.
- Proofread the affidavit to make sure it does not contain any grammatical or spelling errors.
Keep in mind the affidavit will speak about your affidavit. Following the tips, we gave you in order to make sure you sound and look professional and don’t affect your credibility negatively. What we always advise clients is to seek legal counsel and assistance in the drafting and notarization of affidavits in the UAE.
What are the different kinds of affidavits?
You may be made to write a generalized affidavit, stating facts regarding a particular event that you have witnessed or you were a part of. There are certain court cases that also require you to make different kinds of affidavits which you also have to sign.
- Financial affidavits – they’re often used for family law cases. If you’re going through the annulment or divorce proceedings and you’re asking the court to gain child custody or spousal support, you’ll have to provide details about your income, assets, and liabilities.
- Small estate affidavits – they are used when spouses pass away without leaving a will. You’ll be asked in providing an affidavit for small estate if a relative passes without any will and the relative doesn’t have a wife or husband. A notarized affidavit will require you in swearing that you’re supposed to be the one responsible for the management of the person’s estate. You’ll also have to swear to distribute assets that are left after the bills and creditors are paid.
- Affidavit of death – this is used in notifying a corporate- entity, court, or any other institution that a specific individual has passed away. The death certificate of the person will have to be attached to the affidavit. At the very least, the affidavit should contain the full name, date of death, and birth date of the person.
- Support affidavits – they’re used in showing that visa applicants have plenty of support financially if they’re allowed in entering the country.
- Affidavit of heirship – this affidavit is used in showing that a person has legal rights to assets of a family member or relative that’s recently passed away. As soon as the affidavit is signed, you’re swearing that you’re a deceased person’s rightful heir.
For an affidavit in UAE to be considered legal and valid in the eyes of the law, the document has to be notarized. To make sure that you through the process successfully, call our seasoned notarization team here in Notary Public Dubai today!
Hassan Humaid Al Suwaidi is a UAE Citizen and the founder of the firm HHS Lawyers. He has a vast experience of 20 years of dealing with high-value and complex notary requirements. Hassan has been involved in some of the largest legal settlements in the UAE and is commended for his ability to attain the most favourable outcomes for his clients.