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Affidavit of Identity

This Agreement is entered by and between Jonas Adam, individually or collectively as the "Signee" and Jane Smith, as the "Signer", together referred to as the "Parties".
The Contract is dated [the date both parties sign].

1. Agreement terms

The Parties agree that the following agreement is dependent on the terms presented as follow:

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Affidavit of Identity

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What is an Affidavit of Identity?

An affidavit of identity is a legal document that is used to prove the identity of a person for a multitude of legal verification purposes. This document is notarized by a member of the notary public to confirm that the affiant (the person proving their identity) is who they say they are. The document often includes personal information such as the person’s social security number, birthday, and address. 

An affidavit of identity is often used to prove the affiant’s identity for any kind of legal proceedings, particularly over matters of estate or family law, such as custody or adoption. Banks, insurance companies, and other institutions use affidavits of identity as well. An affidavit of identity is legally binding. Therefore, if the contents of the document are found to be untrue or foraged, the affiant would be considered guilty of perjury and lawful action could be taken against them. (Perjury means the affiant lied under oath.)


How do I sign an affidavit of identity?


Be sure to properly sign and date your affidavit of identity, or it may be considered invalid. (Source)


When signing an affidavit of identity form, the affiant is saying, under oath, that they voluntarily signed the document, the contents of the document are true, and that the affiant is of sound mind that could testify the truth of the contents in court if they needed to.

To obtain a notarized affidavit of identity form, it needs to be taken to a notary public. The notary will witness the affiant sign the document. The affiant will also provide proof of identity to the notary public such as a driver’s license, birth certificate, passport, or other documents. The notary public will sign the document as well, legally stating that they were present for the affiant’s signature and confirmed their identity. The notary then uses an official notarization stamp to finalize the paperwork.


How do I find a notary public?

Finding a notary public is quite simple. Oftentimes, authorized notaries are at banks, printing shops, shipping places, post offices, or local law offices. Notaries charge a small fee in most states, but a few states forbid a fee. There are several online resources and lists to find a notary public, as well as several new services offering digital, remote notary services from the convenience of your own home or office.


In what instance is an affidavit of identity needed?

There are a variety of reasons for needing an affidavit of identity form. For instance, sometimes candidates that are running for a local office will need to prove their identity in order to be considered. In some family law cases, children under the age of 18 may need to sign an affidavit to prove their identities in lieu of a driver’s license or passport. 

An affidavit of identity is commonly used:

  • To confirm that legal documents of import have been received by the appropriate party
  • To notify institutions of someone’s death with proven identity
  • To notify a party of changes of circumstances in relation to finances in the event of divorce
  • To confirm proof of residency
  • To make a statement in court
  • To verify a name change
  • To claim or distribute assets
  • To prove identity in the event of identity theft

Although these cases all of the possible uses, they are some of the most common ones.



Ensure your affidavit of identity is properly notarized to ensure it's legally valid. (Source)


What other types of legal affidavits are available or required?

There are many different types of legal affidavits that are possible, depending on what you're trying to accomplish. Some of these include:


Domicile

An affidavit of domicile is used to confirm someone’s estate in the event of their death. When the estate-owner passes away, this affidavit can help with the transfer of assets and inheritances to beneficiaries. This helps prevent disputes and speeds up the administration process.


Death

When needing to prove the death certification of a loved one to courts, financial institutions, or insurance companies, an affidavit of death can be procured.


Debt

This is most often used for a company that is going out of business or an individual filing for bankruptcy. The creditors will showcase an affidavit of debt to prove that they are who they say they are to ensure that the money they are owed is legitimate.


Financial

Financial affidavits are most typically used for divorce cases and family law, including child support agreements. When dividing assets or considering childcare, it’s important to ensure that an individual’s financial information is accurate.


Identity theft 

If an affiant is a victim of identity theft, they need to take extra measures to prove their identity when negating false information. This allows the affiant to swear who they are under oath and make a statement of their accurate information versus what has been stolen and falsified.


Marriage

An affidavit of marriage is a statement of a legally binding marriage. This can be used in place of a marriage certificate if it has been misplaced when needing to obtain a visa or for insurance and/or financial reasons. 


Name change

An affidavit for a name change can be used to prove to banks, insurance companies, and other institutions that the affiant’s name has been legally changed and to have the name change be reflected on credit cards, debit cards, medical records, etc.


Service 

When transporting important legal or business documents that may contain private information, a service affidavit can be used to show which individual was responsible for transporting sensitive documents, the party they retrieved it from, and the party they delivered to. This can usually be part of the vendor or subcontractor agreement, depending on how the documents are being transported. A general affidavit of identity can cover any subject, as long as it includes the proof of identity, signature, and notary. 


How to find an affidavit of identity template?

Because these forms are legal due to the witnessing of a notary public, an affidavit of identity template can be procured from online sources and crafted to suit the needs of the affiant, depending on what they need the form for. Many templates are available online. Depending on the purpose of the affidavit, they follow a standard format according to their use. Even though an affidavit of identity template can be found online, it is still legally binding. However, they do need to contain the specific information relevant to the affidavit in question.


What should an affidavit of identity template contain?

An affidavit of identity template should have a heading that simply states what it is and who it is for, such as “Affidavit of [name of affiant].” If it is a specific affidavit, such as marriage or identity theft, that should be identified in the heading. Following the heading should be a statement that underlines the affiant’s name, residence while swearing that the identity is true under penalty of perjury. The affidavit will then lay out all relevant facts. Finally, there will be a line for the affiant’s signature and the notary signature. Once all information for the affidavit of identity is consolidated, double-checked to ensure all information is 100% true under the law, signed, and notarized, it is considered complete and can be used for any of the purposes listed above.

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