Military Affidavit Template for England and Wales
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What is a Military Affidavit?
A military affidavit is a formal sworn statement made under oath or affirmation relating to facts connected with military service in England and Wales. It may be required in proceedings concerning veterans' benefits, pension claims, service record disputes, or civil litigation. Administered in accordance with the Oaths Act 1978, it carries the full legal weight of sworn evidence and any false statement risks prosecution for perjury under the Perjury Act 1911.
Frequently Asked Questions
What is a military affidavit and when is it used in England and Wales?
A military affidavit is a sworn written statement made under oath or affirmation by a person with direct knowledge of facts relating to military service. It may be used in proceedings related to veterans' benefits, pension claims, service records, or civil litigation where military service is a relevant fact.
Who can administer the oath for a military affidavit in England and Wales?
Under the Oaths Act 1978, affidavits may be sworn before a solicitor, commissioner for oaths, notary public, or certain court officers. The deponent must appear in person before the authorised person, who witnesses the signature and administers the oath or affirmation.
What should a military affidavit contain?
It should identify the deponent by full name, address, and capacity, state the facts being sworn to with precision, exhibit any supporting documents clearly referenced within the statement, and include the jurat confirming where, when, and before whom the oath was administered. The deponent must sign every page.
Is a military affidavit admissible as evidence in English courts?
Yes. Sworn affidavit evidence is admissible in civil proceedings in England and Wales. Its weight depends on the court's assessment of its reliability and whether the facts stated can be tested by cross-examination. Affidavit evidence in support of applications is common in the County Court and High Court.
What are the consequences of making a false statement in a military affidavit?
Making a wilfully false statement under oath is the offence of perjury under the Perjury Act 1911, which carries a maximum sentence of seven years' imprisonment. Even where proceedings do not result in a prosecution, a false affidavit can be struck out and may result in costs sanctions or contempt proceedings.
Can a military affidavit be made by affirmation rather than oath?
Yes. Under the Oaths Act 1978, a person who objects to taking an oath on religious grounds or who has no religious belief may affirm instead. An affirmation has the same legal force as an oath and carries the same perjury consequences if the content is false.
How does a military affidavit differ from a statutory declaration?
Both are formal sworn statements, but a statutory declaration is made under the Statutory Declarations Act 1835 without requiring court proceedings or a cause to be pending. A military affidavit in court proceedings is made under the Rules of Court and must comply with the formal requirements for affidavit evidence.
Where can service records be obtained to support a military affidavit?
Records for veterans who left the forces more than 25 years ago are held by the National Archives. More recent records are held by the relevant service, such as the Army Personnel Centre or the RAF Personnel Management Agency. A subject access request under the UK GDPR can be made to obtain personal data held in service records.
About the Military Affidavit
When you serve in the United States military, you may need to provide sworn testimony about specific events, circumstances, or facts through a Military Affidavit. This legal document allows you to make formal declarations under oath that can be used in military proceedings, administrative actions, or civilian legal matters where your military service or knowledge is relevant.
When do you need this document?
You'll typically need a Military Affidavit when providing evidence for military court-martial proceedings, supporting administrative separation actions, or documenting incidents that occurred during your service. This document is also required when you need to establish facts for disability claims, security clearance investigations, or when civilian courts require sworn statements about your military duties or experiences. Additionally, you may use a Military Affidavit to support fellow service members in legal proceedings or to provide testimony about military protocols and procedures.
Key legal considerations
Your Military Affidavit must contain accurate and truthful statements, as false declarations can result in charges under Article 86 of the UCMJ for making false official statements or civilian perjury charges under 18 U.S.C. § 1001. The document should include your complete military identification details, including rank, service number, and current duty station. You must ensure the affidavit is properly notarized according to state requirements where it's executed, and consider whether your commanding officer's review or approval is required before submission. Remember that statements in your Military Affidavit can be used as evidence in both military and civilian legal proceedings.
Legal requirements in United States
Under United States law, your Military Affidavit must comply with the Uniform Code of Military Justice, which governs false official statements and perjury in military contexts. The Servicemembers Civil Relief Act (SCRA) provides you with certain legal protections that may affect how your affidavit is used in civilian proceedings, particularly regarding stays of legal proceedings while you're on active duty. Your affidavit must meet Military Rules of Evidence standards if it will be used in military court proceedings, ensuring proper authentication and relevance. State notary laws govern the notarization requirements, which vary by jurisdiction but typically require the notary to verify your identity and witness your signature. Federal regulations under 18 U.S.C. § 1001 make it a crime to knowingly make false statements in documents submitted to federal agencies, including military authorities.
GOVERNING LAW
Applicable law
This Military Affidavit is drafted to comply with England and Wales law. Key legislation includes:
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