Affidavit drafting Dubai: Key Requirements and Process

Affidavit drafting Dubai involves preparing a written statement sworn before a notary public, which serves as evidence in civil, commercial, or criminal proceedings under the UAE Civil Procedure Law and the Notary Public Regulations.

Related Services: Explore our Consumer Protection Disputes and Affidavit Drafting services for practical legal support in this area.

WHAT IS AN AFFIDAVIT AND WHEN IS IT REQUIRED IN DUBAI?

An affidavit is a voluntary written declaration made under oath, used to prove facts when oral testimony is impractical or unavailable. In Dubai, affidavits are commonly required for court filings, property transactions, immigration applications, and corporate matters such as shareholder resolutions or director appointments. The UAE Civil Procedure Law provides that a sworn statement may be submitted as documentary evidence when the court deems it necessary to establish a fact that cannot be proved by ordinary means.

The preparation of an affidavit begins with identifying the precise facts the declarant wishes to affirm. The statement must be clear, concise, and limited to matters within the declarant's personal knowledge; speculation, hearsay, or arguments are inadmissible. Once the content is finalised, the declarant appears before a licensed notary public in Dubai, presents valid identification (such as Emirates ID or passport), and signs the document in the notary's presence. The notary then administers the oath, affixes the official seal, and records the act in the notarial register. This process transforms the private statement into a legally enforceable instrument that can be relied upon before Dubai courts, the DIFC Courts, or the ADGM Courts, depending on the jurisdiction of the underlying matter.

WHAT ARE THE LEGAL REQUIREMENTS FOR DRAFTING AN AFFIDAVIT IN DUBAI?

The affidavit must contain the declarant's full name, nationality, date of birth, Emirates ID number, and residential address. It should open with a preamble stating that the declarant makes the affirmation voluntarily and without coercion. Each fact asserted must be numbered sequentially and expressed in simple, direct language. The document concludes with a jurat clause in which the declarant swears that the contents are true to the best of their knowledge and belief, followed by the signature line and the notary's certification.

Under the Notary Public Regulations, the notary must verify the declarant's identity, ensure the declarant understands the nature of the oath, and confirm that the affidavit does not contain prohibited content such as false statements or material that could prejudice ongoing litigation. The notary also checks that the affidavit complies with any specific format required by the relevant court or authority; for instance, family court affidavits may need to attach supporting documents like marriage certificates or birth certificates. Failure to meet these formalities can result in the affidavit being rejected or the declarant facing penalties for perjury under Federal Decree-Law No. 31 of 2021 on the Issuance of the Crimes and Penalties Law.

WHO CAN ADMINISTER AN AFFIDAVIT IN DUBAI?

Only a notary public licensed by the Dubai Courts or the relevant free-zone authority (DIFC or ADGM) may administer an oath for an affidavit intended for use within that jurisdiction. In the mainland of Dubai, notaries are appointed by the Dubai Judicial Department and operate from notary public offices located across the emirate. In the DIFC, the DIFC Courts' Notary Public provides services under the DIFC Notary Public Regulations, while the ADGM Courts offer a comparable function under the ADGM Notary Public Regulations.

The declarant must appear personally; representation by an agent or lawyer is not permitted unless the declarant is unable to attend due to incapacity, in which case a medical certificate and a power of attorney may allow a legal representative to act on their behalf, subject to the notary's discretion. The notary's role is strictly limited to verifying identity, administering the oath, and sealing the document; they do not provide legal advice on the content of the affidavit.

WHAT IS THE PROCEDURE FOR NOTARIZING AN AFFIDAVIT IN DUBAI?

First, the declarant prepares the affidavit draft, ensuring it meets the content and format requirements outlined above. Second, the declarant schedules an appointment with a notary public office-many offices accept walk-ins, but booking reduces waiting time. Third, the declarant presents original identification documents; copies are not accepted. Fourth, the declarant reads the affidavit aloud or silently to confirm understanding, then signs the document in the notary's presence. Fifth, the notary administers the oath, which may be phrased as "Do you swear that the contents of this affidavit are true to the best of your knowledge and belief?" Upon affirmation, the notary signs, stamps, and registers the affidavit, assigning a unique notarial number.

The entire procedure typically takes between fifteen and thirty minutes, depending on the office's workload and the completeness of the documents. Fees are set by the Dubai Judicial Department; as of the latest published schedule, a standard affidavit notarisation costs approximately AED 110, with additional charges for urgent service or extra copies. The notary provides a certified copy to the declarant and retains the original in the notarial register for a period prescribed by law, usually ten years.

WHAT ARE THE CONSEQUENCES OF A FALSE AFFIDAVIT IN DUBAI?

Providing a false statement in an affidavit constitutes perjury, a criminal offence under Federal Decree-Law No. 31 of 2021 on the Issuance of the Crimes and Penalties Law. Article 252 of that law prescribes imprisonment for a period not exceeding two years and/or a fine not exceeding AED 20,000 for anyone who knowingly makes a false sworn statement. If the false affidavit is submitted to influence judicial proceedings, the penalty may increase under Article 253, which allows for imprisonment up to five years and a higher fine when the act is deemed to obstruct justice.

Beyond criminal liability, the declarant may face civil repercussions: the court can strike the affidavit from the record, award costs against the party relying on it, and potentially infer adverse conclusions about the declarant's credibility in related matters. In commercial contexts, a false affidavit supporting a claim or defence can lead to the dismissal of the claim, liability for damages, and reputational harm. Consequently, declarants should verify every fact before swearing the oath and consider seeking independent confirmation of disputed points.

FREQUENTLY ASKED QUESTIONS

What law governs the notarisation of affidavits in mainland Dubai?
The notarisation of affidavits in mainland Dubai is governed by the Notary Public Regulations issued by the Dubai Judicial Department, which set out the qualifications of notaries, the procedural steps for administering oaths, and the fees payable for notarial acts. The Arabic text of UAE legislation as published in the Official Gazette prevails over any translation.

Can an affidavit be used in DIFC or ADGM courts?
Yes, an affidavit notarised by a licensed notary public in the DIFC or ADGM is admissible before the DIFC Courts or ADGM Courts respectively. The DIFC Notary Public Regulations and the ADGM Notary Public Regulations prescribe the same core requirements-personal appearance, identification, oath, and sealing-but each free zone maintains its own register and fee schedule. An affidavit notarised in mainland Dubai may still be submitted to DIFC or ADGM courts, but the court may require a re-notarisation or certification to confirm compliance with its specific rules.

Is there a time limit for submitting an affidavit after it is notarised?
There is no universal statutory deadline for filing a notarised affidavit; the relevant procedural rule depends on the forum where the evidence is offered. For instance, the Dubai Courts' Civil Procedure Law requires that documentary evidence be submitted with the statement of claim or defence, or at least before the close of evidence, as directed by the case management judge. Parties should consult the applicable procedural code or seek clarification from the court to avoid untimely submission.

What identification documents are accepted by Dubai notaries?
Dubai notaries accept original Emirates ID cards, passports, and, for GCC nationals, GCC identification cards. Documents must be current and not expired. Photocopies, scanned images, or digital versions on mobile devices are not sufficient for the notarisation process.

Can a minor swear an affidavit in Dubai?
A minor who has not attained the age of majority (twenty-one years under UAE Personal Status Law) may not independently swear an affidavit. If a minor's statement is required, the affidavit must be executed by the minor's legal guardian or a court-appointed representative, who swears on behalf of the minor after confirming the minor's understanding of the facts.

Are there any restrictions on the language of an affidavit in Dubai?
While the affidavit may be drafted in English, the notary public will administer the oath in Arabic, as Arabic is the official language of the UAE. The notary may provide a bilingual version, but the Arabic text prevails in case of discrepancy, in accordance with the principle that the Arabic text of UAE legislation as published in the Official Gazette prevails over any translation.

What should I do if I discover an error after the affidavit is notarised?
If an error is identified after notarisation, the declarant cannot amend the original affidavit; instead, a new affidavit must be prepared, sworn, and notarised to correct the mistake. The erroneous affidavit may be withdrawn or supplemented with an explanatory affidavit, depending on the court's directions and the stage of proceedings.

Does the notary keep a copy of the affidavit?
Yes, the notary retains the original affidavit in the notarial register for the statutory preservation period, typically ten years, and issues a certified copy to the declarant. The register is secure and accessible only to authorised personnel for verification purposes.

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