Swearing vs Affirming A Legal Document: What’s Different?

Table of Contents

Share at:

A legal document often entails a requirement for the contents of the document to be sworn or affirmed to be true. So what is the difference between the two? Both are equally valid. However, due to some people’s personal beliefs, they may prefer to swear or take an oath over a legal document. Read our guide to discover the difference between swearing and affirming a legal document.

What is an Affidavit?

In this context, a legal document generally refers to an affidavit. An affidavit is a written statement of fact or evidence made by a person. The contents of an affidavit must be sworn or affirmed to be true. An ‘authorised person’ must witness the signing of the document. An authorised person generally means the Justice of Peace (JP) or a legal practitioner.

A deponent is a person who makes a deposition or affidavit under oath. They have the choice to take either an affirmation or oath. For more comprehensive information, you can read our guide ‘What Is An Affidavit?‘.

So what does swearing a legal document mean? Swearing refers to taking an oath. If a person believes in a god, they can swear by their god that they are telling the truth. You will hold a bible or other religious text in your hand when you are swearing the oath.

In New South Wales, the Oath Act 1900 (NSW) governs this. As a deponent, you will say words to the effect of ‘I swear that the affidavit is true, so help me God’.

Get on demand legal advice for one low monthly fee.

Sign up to our Legal Advice Plan and access professional legal advice whenever you need it.

On the other hand, an affirmation does not refer to any god. Hence, if you do not have any religious beliefs you can choose to affirm your affidavit. It is important to note it has the same legal effect as swearing. In essence, an affirmation is a declaration that the contents of the legal document are true.

When conducting an affirmation, an authorised person will ask a question to the effect of: ‘Do you solemnly and sincerely and truly declare and affirm that the contents of this affidavit are true and correct to the best of your knowledge and belief?’. As the deponent, you will then respond by saying: ‘I do’.

Final Thoughts

In conclusion, the central difference between swearing and affirming is the religious component. If a person has religious beliefs, they will generally take an oath. Where a person does not believe in any god, they will take an affirmation. Either way, both swearing and affirmations carry the same weight and have the same legal implications. Ultimately, they are a declaration that the contents of the legal document are true. If you need to file an affidavit, read our guide ‘Your Questions About Affidavits Answered‘. If you aren’t sure what needs to be included in your affidavit, it is recommended you consult a lawyer.

Find the perfect lawyer to help your business today!

Get a fixed-fee quote from Australia's largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

9 Virtual Office Benefits To Know (Before You Dismiss the Idea)

On the fence about getting a virtual office for your business? Here are 9 virtual office benefits that will change your mind.

Understanding Document Retention Legal Requirements

In some instances, the law requires you to retain documents and data. In others, it requires you to destroy them. Read this article to find out about document retention requirements, relevant periods, and commercial best practice.

Should You Use A Mutual or One-Way NDA? (2027 Update)

As a business owner, it's important to protect your confidential information in every context. Find out the difference between one way and mutual NDAs here.

What to Do When You Receive a Concerns Notice

Received a concerns notice? Whether or not you've defamed someone, you need to decide how (or if) you're going to respond. Read about it in this article.

Property Ownership: How Far Do Your Land Rights Reach?

Struck gold? Photographed from above? What does the law say about your rights to the surface, airspace and soil below your land? Read this to find out more.

Letter of Resignation Sample (2027 Update)

Resigning from your job isn't always an easy thing to do. Create your free Letter of Resignation (Company) by using our sample.