An Affidavit is a written statement in which a person declares that the information or facts stated in the document are true and correct. Depending on the applicable law and the purpose of the document, the person making the affidavit may be required to sign it before a person authorized to administer an oath or certify signatures.
For foreigners in Thailand, an Affidavit may be required for various purposes, including marriage, divorce, business transactions, government applications, property transactions, or confirming certain personal facts or legal status.
What Is an Affidavit?
An Affidavit is a formal written declaration made by an individual concerning facts that the person believes to be true. The document is commonly signed and, where required, sworn or affirmed before an authorized person.
The exact requirements for an Affidavit depend on where the document will be used and the requirements of the receiving authority.
Can an Affidavit Be Used in Thailand?
Yes, but the required procedure depends on the purpose of the document and the authority that will receive it.
For example, if a foreigner prepares an Affidavit in Thailand for use in another country, the document may require notarization, authentication, legalization, or additional certification before it can be accepted by the foreign authority.
Similarly, if an Affidavit or other legal document is issued overseas and will be used in Thailand, it may need to be authenticated or legalized in the country of origin and subsequently processed through the relevant Thai authorities.
Affidavit vs. Notarization
The terms Affidavit and Notarization are sometimes used together, but they refer to different things.
An Affidavit is the written declaration itself. It contains the facts or statements that the person making the declaration confirms to be true.
Notarization, on the other hand, refers to a certification process performed by an authorized person, such as a Notary Public or another person legally authorized to provide the relevant certification.
Therefore, an Affidavit may need to be notarized depending on the requirements of the authority or country where the document will be used.
Affidavit Services for Foreigners in Thailand
Foreigners who need to prepare an Affidavit in Thailand should first determine where the document will be submitted and what type of certification is required.
Before signing the document, it is important to consider:
- 01Who will receive the Affidavit?Identify the authority or institution that will accept the document.
- 02What language must the document be in?English, Thai, or another language — and whether a certified translation is needed.
- 03Is an oath or affirmation required?Some affidavits must be sworn or affirmed before an authorized person.
- 04Does the document need to be notarized?Notarization may be required by the receiving authority.
- 05Does it need legalization by the Ministry of Foreign Affairs?The Thai MFA may need to authenticate the document for overseas use.
- 06Does it need certification by an embassy or consulate?An embassy or consulate of the destination country may need to certify it.
- 07Is a certified translation required?A certified translation may be needed if the document will be used in another language.
Checking these requirements in advance is important because an Affidavit may be rejected if it does not comply with the requirements of the receiving authority.
Affidavit for Marriage in Thailand
One common situation involving an Affidavit is an Affidavit of Marital Status or a declaration confirming a person's marital status.
A foreigner who wishes to register a marriage in Thailand may be required to provide documents confirming that there is no legal impediment to the marriage.
The exact documents and procedures vary depending on the person's nationality and the requirements of the relevant Thai authorities and embassy or consulate. Foreigners should therefore check the applicable requirements before preparing or signing the document.
Do You Need a Lawyer to Prepare an Affidavit?
Not every Affidavit is legally required to be prepared by a lawyer. However, when an Affidavit will be used for an important legal transaction or submitted to a foreign authority, obtaining legal assistance can help ensure that the document complies with the applicable requirements.
A lawyer may assist with:
- Reviewing the contents of the Affidavit
- Preparing or revising the document
- Determining the appropriate certification procedure
- Arranging notarization where appropriate
- Arranging certified translation
- Advising on legalization requirements
- Coordinating with relevant government authorities, embassies, or consulates
Affidavit, Notarization, and Legalization
These procedures should not be confused with one another.
- An Affidavit is the written declaration
- Notarization is a certification process relating to the signature, execution, or other formal aspects of a document
- Legalization is a process used to authenticate a document so that it may be recognized by authorities in another country
Depending on the intended use of the document, more than one of these procedures may be required.
Why Professional Assistance May Be Important
Documents intended for international use can involve requirements from several different authorities. A document that is validly signed in Thailand may still require additional certification before it can be accepted overseas.
For this reason, it is advisable to identify the requirements of the receiving authority before signing the Affidavit. This can help avoid delays, additional costs, or the need to prepare and sign a new document.
Conclusion
An Affidavit can be an important legal document for foreigners who need to confirm facts or legal status in Thailand or for use abroad. However, simply signing an Affidavit does not necessarily mean that the document will automatically be accepted by every authority.
The requirements may include notarization, certified translation, legalization, authentication, or embassy/consular certification, depending on the purpose of the document and the country where it will be used.
If you are a foreigner in Thailand and need to prepare, notarize, legalize, or use an Affidavit for a legal or official purpose, it is advisable to confirm the requirements of the receiving authority before proceeding.
Nathee Legal Firm Co., Ltd. provides legal assistance and document-related services for foreigners in Thailand, including Affidavit preparation, document review, notarization-related assistance, translation, and legalization procedures.