Affidavits are written statements made under oath, and they are only considered legal and valid if they’re made without any coercion. The signing of affidavits in the UAE means the signatory asserts that the information in the documents is true and that the facts in the affidavits are personally known to them. When affidavits are signed, signatories also state that they’re competent in testifying should they be called into court to provide more information regarding the documentation. Competency in testifying before a judge means being of sound mind and of legal age.
What are the uses of affidavits in the UAE?
Affidavits are created for a lot of reasons. They are often filed with local courts to present the fact that the information stated in the documents is true. An attorney in the UAE may be able to utilize an affidavit so clients don’t have to be there in courts or during an official proceeding. Affidavits in the UAE save a considerable amount of time and money for various legal events.
An affidavit is also required for different kinds of judicial proceedings, specifically for family law problems and property planning matters. Without a properly written affidavit, any other legal instrument won’t be considered as valid. Proving that it is valid can also prove to be very difficult.
Affidavits are useful beyond local courts. Insurance companies, financial institutions, and other entities can make affidavits necessary in performing official functions.
Why is it important to remain truthful?
Saying something or declaring it through an affidavit means that you know for certain that something is a fact. If you include a statement that is not true in your affidavit in the UAE, you will be seen as violating local laws and regulations. You’ll be fined or worse, imprisoned, as you have committed perjury. It’s essentially the same as you saying lies on the stand during a legal proceeding.
The legal term, perjury, means that you lied under oath. Being honest is vital to courts even when you’re only using an affidavit rather than communicating personally. A lot of affidavits in the UAE assert they’re signed under the penalty of perjury; however, this statement is not required.
How can I legalize an affidavit in the UAE?
An affidavit must be signed to be effective. Take note: it is necessary to hire an attorney for legal drafting in the UAE, particularly for drafting an affidavit. The signing of affidavits is to be witnessed by a public notary. A notary is a legal entity authorized by the UAE federal government in verifying signatures for different kinds of legal or formal documentation. A notary will check the identification papers of a signatory, such as a passport and Emirates ID or visa, to confirm the identity of the signatory. The confirmation of the signatory’s identity is done prior to the actual signing of documents.
What are the kinds of affidavits in the UAE?
There are many kinds of affidavits in the UAE, and they vary according to their purpose. Attorneys in the UAE utilize them in court filings and motions to provide evidence that information is true. Attorneys often design affidavits to meet their requirements. Affidavits can also follow generalized formats, but this isn’t recommended.
Affidavit of Domicile
An affidavit of domicile is necessary for probates of wills or when dealing with specific types of trusts. Affidavits of domicile establish a person’s legal residence at the time of passing. They include the prior address of the deceased individual and the duration for which the individual lived in a certain area.
Usually, a personal or legal representative will present this particular document to a local court during the process of probate. It’s helpful in making estate administration smoother, plus it allows for an easy and relatively quicker transfer of properties. It’s particularly relevant for when stocks and securities are transferred to a different name.
Some institutions and life/health insurance firms also require affidavits before releasing assets to beneficiaries. This kind of information will also stop any potential disputes related to wills before they occur.
Marriage Affidavit
There are circumstances wherein you may have to create a marriage affidavit. This document declares that you’re legally married and states the name of your spouse. A marriage certificate has the same function; however, couples may utilize a marriage affidavit if they’re not able to find their marriage certificate. The marriage affidavit can be a requirement for insurance purposes, applying for a specific financial account, and submitting an application for foreign visa processing. The document can be useful for a common-law marriage, as a common-law marriage won’t have a wedding certificate.
If you have more questions related to affidavits or need help in creating your affidavit in the UAE, call us here at HHS Lawyers in Dubai today.
