What Is an Affidavit in Ireland? How to Get One Online in 2026
Last updated 9 October 2026. General information only, not legal advice.
If you have been asked to provide an affidavit — whether for a court case, a housing application, a family law matter, or an official process — you may be wondering what exactly it involves and how to get one prepared in Ireland. This guide explains everything you need to know about affidavits in Ireland, including when you need one, how the process works, and how you can have one drafted online and then sworn in person.
Key points
- An affidavit is a written statement of facts sworn or affirmed to be true, usually for use in court. A statutory declaration is the non-court equivalent.
- It is sworn before an independent Commissioner for Oaths or a practising solicitor, who completes a jurat recording that it was properly sworn.
- Evidence should generally be facts you know from your own knowledge, set out in numbered paragraphs.
- A solicitor cannot use their powers in proceedings where they act for a party or have an interest in the outcome.
- Lodging a sworn affidavit in court carries a fee: €15 in the District and Circuit Courts, €20 in the High and Supreme Courts.
What Is an Affidavit?
An affidavit is a written statement of facts that a person (known as the deponent) swears or affirms to be true. The statement must be made voluntarily and is signed in the presence of a solicitor, notary public, or Commissioner for Oaths, who then commissions the document — meaning they formally witness the oath and verify the deponent’s identity.
Once sworn, an affidavit carries the same legal weight as testimony given in court. Making a false statement in an affidavit is a criminal offence in Ireland.
When Do You Need an Affidavit in Ireland?
Affidavits are required in a wide range of legal and official situations in Ireland. Common examples include:
- Court proceedings — family law, civil litigation, probate applications, and judicial review
- Housing and social welfare applications — confirming living arrangements, relationship status, or custody
- Property transactions — confirming there is no outstanding mortgage, verifying ownership, or supporting a title
- Immigration and visa applications — confirming facts for submission to the Department of Justice or foreign authorities
- Probate and succession — swearing to the validity of a will or confirming details of an estate
- Name changes — confirming that a name change has occurred for official records
- Company law — various statutory declarations required by the CRO
- Foreign authority submissions — affidavits for use in other jurisdictions (e.g. Portugal, Brazil, India)
Affidavit vs Statutory Declaration — What Is the Difference?
While both are sworn statements, there is a key difference. An affidavit is typically used in the context of court proceedings and is governed by the rules of the relevant court. A statutory declaration is used for non-court purposes — such as confirming a name change, lost documents, or property matters.
An affidavit is sworn before a solicitor or Commissioner for Oaths; a statutory declaration is declared before a commissioner for oaths, notary public, peace commissioner or other authorised person (section 1, Statutory Declarations Act 1938). Our statutory declaration and affidavit information page is general information only. This site is not a solicitor’s practice and does not draft or commission either type of document; to instruct a solicitor, use the Law Society of Ireland’s Find a Solicitor directory. Both are normally made in person: an affidavit before an independent Commissioner for Oaths or practising solicitor, and a statutory declaration in the presence of a commissioner for oaths, notary public, peace commissioner or other authorised person.
Who Can Witness an Affidavit in Ireland?
An affidavit must be sworn before one of the following:
- A practising solicitor
- A Commissioner for Oaths
- A notary public
Simply having a friend or colleague sign as a witness is not sufficient. The person before whom the affidavit is sworn must have the legal authority to administer oaths.
What an Affidavit Must Contain and How It Is Sworn
According to Citizens Information, an affidavit sets out the title of the case, the deponent’s identity, occupation and address, a statement that the deponent is over 18 (or their age if under 18), the evidence itself, the deponent’s signature and the date, and a jurat completed by the person who administers the oath. The evidence is generally limited to facts the deponent can prove from their own knowledge, with an explanation of how they know them.
At the signing, the Commissioner for Oaths or solicitor checks that you have read and understood the affidavit and your identity, you swear the oath (or make an affirmation if you prefer), you sign, and they complete and sign the jurat. Documents attached to an affidavit are called exhibits. If your affidavit relates to an estate, see our guide to grant of probate in Ireland; for certified copies of documents, see what documents an Irish solicitor can certify.
Can You Swear an Affidavit Remotely in Ireland?
Not normally. An affidavit is normally sworn in person before an independent Commissioner for Oaths or practising solicitor. Affidavits are normally sworn in person; remote swearing is allowed only in limited court circumstances, so check the court’s rules. The person taking it should be independent: a solicitor should not take an affidavit in proceedings where they act for a party or have an interest in the case. A statutory declaration is also normally made in person.
A solicitor you instruct may be able to prepare the draft remotely and send it to you for review. You then take the final document to an independent Commissioner for Oaths or practising solicitor near you to swear it.
How Much Does an Affidavit Cost in Ireland?
The cost of an affidavit in Ireland varies depending on the complexity of the document and the solicitor you use. Fees are set by each solicitor or practice, so ask for a quote before you instruct anyone. For witnessing, Citizens Information says a Commissioner for Oaths’ fees are set in the Rules of the Superior Courts at €10 per signature and €2 per exhibit (up to €30), though fees may vary.
Our Legal Affidavit Drafting & Commissioning page is kept for information only and the service cannot currently be ordered here. A solicitor’s affidavit service typically includes:
- Drafting by a qualified, Law Society solicitor of a solicitor’s practice of your choice.
- One revision if required
- Guidance on swearing the affidavit in person before an independent Commissioner for Oaths or practising solicitor
How to Get an Affidavit Online in Ireland — Step by Step
- Decide what it must cover — Note what the affidavit is for and who needs it, then find a regulated solicitor through the Law Society of Ireland’s Find a Solicitor directory or join the no-fee waiting list
- Provide your information — A solicitor will typically ask for your full name, address, date of birth, photo ID, proof of address, and the facts to be included
- A solicitor drafts your affidavit — A solicitor you instruct prepares the document in the correct legal form and sends it to you for review
- Swear the affidavit in person — Take the final document to an independent Commissioner for Oaths or practising solicitor (not the solicitor who drafted it) and swear it there
What Information Do You Need to Provide?
To draft your affidavit, a solicitor will typically need:
- Your full legal name (as per your ID)
- Your current address
- Your date of birth
- A clear photo or scan of your passport or driving licence
- Proof of address (utility bill or bank statement dated within the last 3 months)
- The specific facts or statements to be included in the affidavit
- The purpose of the affidavit (e.g. for court, for a housing authority, for a foreign government)
Frequently Asked Questions
Can I use an affidavit sworn in Ireland abroad?
Yes, an affidavit sworn before an Irish solicitor can generally be used abroad. Depending on the country, you may also need an apostille (a form of international certification). A solicitor can advise on this.
How long does it take to get an affidavit?
Timing depends on the solicitor you instruct, how complex your matter is and how quickly you provide the required documents, and the affidavit must then be sworn in person before an independent commissioner for oaths or practising solicitor.
Is a sworn affidavit legally binding?
Yes. A sworn affidavit is a legal document. Making a false statement in an affidavit is a criminal offence under Irish law.
Do I need to go to a solicitor’s office?
Only to swear it. Some practices may handle drafting and review remotely, but the affidavit itself must be sworn in person before an independent Commissioner for Oaths or practising solicitor.
Can my own solicitor commission my affidavit?
Not in proceedings where they act for a party or have an interest in the outcome. Citizens Information states that solicitors cannot use their powers as commissioners in those cases, so use an independent Commissioner for Oaths or a different practising solicitor.
Who can take a statutory declaration?
Under the Statutory Declarations Act 1938, a declaration may be taken by a notary public, a commissioner for oaths, a peace commissioner or another person authorised by law. See our guide to statutory declarations in Ireland.
How do I find a Commissioner for Oaths?
Citizens Information points to the Commissioner for Oaths Register on the Courts Service website and to the Law Society’s Find a Solicitor directory. Contact the practice first to check it offers this service to the public, and ask about fees beforehand.
What is a jurat?
A jurat is the note at the end of an affidavit, completed and signed by the Commissioner for Oaths or solicitor, recording your name, the place and the date it was sworn.
Get Started Today
If you need an affidavit in Ireland, you will need a regulated solicitor or a Commissioner for Oaths to witness it. Use the Law Society of Ireland’s Find a Solicitor directory, or join our no-fee waiting list. Our Legal Affidavit Drafting & Commissioning page is for information only.
Need help with this? Work of this kind is carried out by a solicitor regulated by the Law Society of Ireland. We are not a solicitor’s practice and do not provide it — to instruct a solicitor, use the Law Society of Ireland’s Find a Solicitor directory.Conveyancing · Talk to a Property Solicitor.
Related reading: Affidavits and Statutory Declarations in Ireland
Not currently available — we are working to appoint a new solicitor. OnlineLegalServices.ie is operated by Plus Promotions Limited, which is not a solicitor’s practice and does not give legal advice, so the solicitor service described on this page cannot be ordered here; the page is kept as general information. To instruct a solicitor, use the Law Society of Ireland’s Find a Solicitor directory, or join our no-fee waiting list to be told when solicitor services are available again.
