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A non-military affidavit (also called a military affidavit or non-service affidavit) is a sworn statement confirming that the defendant in civil proceedings is not currently an active-duty member of the armed forces. This document originates in US law under the Servicemembers Civil Relief Act (SCRA). England and Wales does not have a direct equivalent statute, but courts may require confirmation of a defendant's military status in certain default judgment applications.

England and Wales does not have a standalone servicemembers civil relief statute directly comparable to the US SCRA. However, courts have inherent discretion to adjourn proceedings or set aside judgments where a defendant can demonstrate they were unable to participate due to active military service. The Armed Forces Act 2006 governs service personnel's legal status, but it does not create the same statutory procedural protections as the SCRA in civil proceedings.

In practice, English courts do not routinely require a non-military affidavit before entering a default judgment. However, in possession proceedings under CPR Part 55, the overriding objective of fairness means a court may ask for evidence about a defendant's personal circumstances if relevant. Where a claimant knows or suspects the defendant is serving in the armed forces, obtaining a sworn statement about their status before seeking judgment is a sensible precaution.

There is no publicly accessible armed forces personnel database in England and Wales equivalent to the US SCRA database. A claimant may need to rely on information known from the parties' communications, correspondence address (such as a known military base), or enquiries through solicitors. In some cases, the Ministry of Defence can confirm service status for courts on request, though this is not a standard part of the default judgment process in England.

Yes. A defendant can apply to set aside a default judgment or possession order under CPR Part 13 if they had a real prospect of successfully defending the claim. If the reason they failed to respond was because they were on active military service abroad and unaware of the proceedings, this could satisfy the criteria for setting aside the judgment. The court has broad discretion to act fairly in such circumstances.

Adapted for use in England and Wales, such a statement should identify the defendant, confirm the deponent's basis for believing the defendant is not on active military service (such as last known occupation, address, or other indicators), acknowledge the limits of the deponent's knowledge, and be sworn before a solicitor or commissioner for oaths under the Oaths Act 1978. It should avoid claiming certainty the deponent cannot substantiate.

No. Commercial debt recovery proceedings in England and Wales under the CPR do not require a non-military affidavit as a precondition to obtaining a default judgment. The document is essentially a US procedural requirement that has no direct English counterpart. Creditors pursuing commercial debt recovery in the County Court or High Court of England and Wales do not need to file any military status confirmation unless specifically directed by the court.

Yes. If an English solicitor or notary public administers the oath, the resulting affidavit can be apostilled by the Foreign, Commonwealth and Development Office (FCDO) under the Hague Convention 1961, making it valid for use in any of the 125 contracting states. This would be relevant where the same transaction or proceeding involves both English and foreign legal proceedings and the foreign jurisdiction (such as the US) requires a non-military affidavit as part of its own court procedure.