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Application for a decree nisi ~ Affidavit

  • largestherb
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  • Junior Member
04 Sep 12 #353764 by largestherb
Topic started by largestherb
Hello, today I have my Affidavit in support of divorce form and it says I need a witness, who must be an officer of a county court or a solicitor.

I doubt a solicitor is going to witness this without wanting some money, so this leaves me with ''an officer of a county court.''

So, is that anyone specific? Can I just go to the county court and say ''Hi, can someone witness this?''

  • TBagpuss
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04 Sep 12 #353791 by TBagpuss
Reply from TBagpuss
yes. any of the counter staff. However - check that you have the up to date form. It used to be necessary to swear an affidavit (special proceedure affidavit) but the form has been changed (D80) and now has a ''statemetn of truth'' which you sign, but do not need to swear or have witnessed.

If you do need to swear an affidavit then a solicitor will charge you £5 for the affidavit and £2 for each exhibit.

  • largestherb
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04 Sep 12 #353843 by largestherb
Reply from largestherb
Interesting! The form I have was sent to me yesterday, it is marked D80D - the Affidavit bit has ''swear on oath'' and ''affirm.''

I did actually mean to ask what the difference between these is!

At the bottom of the form it has ''SWORN/AFFIRMED'' at ___
in the County of ___
on d/m/y
Before me, ___
[_] A Commissioner for Oaths
[_] Officer of the Court appointed by the Judge to take Affidavits.

From the way it reads, I would guess I have to go get it witnessed - but I would still be interested to know the difference between swearing an oath and affirming.

  • largestherb
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06 Sep 12 #354242 by largestherb
Reply from largestherb
Cool, that was easy.

Swearing an oath apparently involved the bible (religion in my civil court?!) so I did the affirmation of truth thingy.

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