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Заяви і засвідченняOctober 24, 2026

Affidavit at a notary in Ukraine: when you need one, what it confirms and how to arrange it in 2026

An affidavit is a sworn statement whose signature a notary certifies. When it replaces a certificate, what may not be certified and how to obtain an apostille.

Affidavit at a notary in Kyiv: signing a sworn statement at the desk

What an affidavit is

An affidavit is a written sworn statement about the existence or absence of specific facts and events that carry legal weight. The person sets out the facts in their own name and signs, while the notary certifies the authenticity of that signature — confirming that the document was signed by this particular person.

In most cases an Affidavit is needed for use abroad. A foreign authority asks to confirm a circumstance for which Ukraine has no standard-form document: marital status, place of residence, child maintenance, family ties, sources of funds, work experience. Instead of a certificate that nobody can issue, the person submits a personal statement with a certified signature.

The second typical situation is a document that exists but cannot be legalised or apostilled. For example, a printed electronic register extract without a seal or signature, or a document outside the Hague Convention. In that case the fact is transferred into an affidavit, and the apostille is placed on the affidavit itself.

How an affidavit differs from a statement, a certificate and a will

When an affidavit is needed for foreign authorities

A statement is a broader notion: any application or communication. An affidavit is a specific type — a sworn statement of facts, usually addressed to a foreign authority, with its own structure: introduction, recital of facts, signature and the notary's certification.

A certificate is issued by an authority that holds the information: civil registry, state register, employer, bank. An affidavit is issued by the person themselves, on their own responsibility. That is why foreign authorities treat it as a party's statement rather than an official register confirmation.

A will is a unilateral disposition of property upon death, certified by a notary as a transaction. An affidavit neither creates, changes nor terminates property rights: it is only a certified statement about circumstances.

Practical conclusion: whenever an official document can be obtained, obtain the document first. An affidavit is the tool for cases where such a document does not exist or cannot be legalised.

What a notary certifies and what they may not

certification of a signature on an affidavit is a notarial act under Article 34 of the Law of Ukraine On Notaries. The notary checks identity, makes sure the person understands the content, and adds a certification note. The notary does not verify the truth of the stated facts — this is the fundamental boundary of the act.

There is a limitation worth knowing before the visit. A notary does not certify a signature on a document asserting circumstances that only a state authority may certify: time of birth, marriage or death, existence of illness or disability, ownership of property.

The exception applies when the document is intended for a competent authority of another state. For a foreign authority such a signature may be certified; for a Ukrainian one it may not. The entire practice of affidavits for abroad rests on this exception.

That is why the wording must be precise: not 'I confirm that I was born', but 'I state that I was born on this date and attach the certificate in support'. The supporting document confirms the fact, not the text of the statement.

When an affidavit solves the problem

What the notary certifies in an affidavit
  • A certificate of marital status or of being unmarried — for a visa, immigration or marriage abroad.
  • Confirmation of place of residence when registration does not reflect the actual situation.
  • Confirmation of child maintenance or family ties for foreign social services.
  • Sources of funds — for banks, universities and visa centres.
  • Work experience or nature of activity when an employment record book is not accepted.
  • Cases where a document cannot be legalised or apostilled: electronic certificates without seals, documents of non-standard form.

How to arrange an affidavit: step by step

  1. Ask the receiving authority for exact requirements: language, wording, whether an apostille or legalisation is needed, and requirements for attachments.
  2. Prepare the text of the statement. It can be drafted independently or with legal help; the notary draws it up on a special form.
  3. Collect supporting documents: certificates, extracts, receipts, photographs, letters.
  4. Come to the notary with your passport and attachments. The notary checks identity, reads the text aloud, and you sign in their presence.
  5. Receive the certified affidavit with a certification note stating that attachments are present.
  6. If required, apply for an apostille or consular legalisation.

Which documents to bring

Attachments are bound before the statement

The minimum is a passport or another identity document provided for by the law on the Unified State Demographic Register. A foreigner brings a foreign passport or a residence permit.

Then bring everything that supports the facts: a child's birth certificate, a marriage certificate or evidence of its absence, an employment letter, a bank statement, a register extract, photographs, receipts, correspondence. These documents are bound before the affidavit and listed in the certification note.

If a document is in a foreign language or intended for a foreign authority, a certified translation may be required. The translation is certified by a separate notarial act.

Why attachments are bound to the affidavit

Foreign authorities often require that documents supporting the sworn statement be attached. The Rules of Notarial Record-Keeping provide certification note forms for attesting a signature on an affidavit with attachments — and the presence of attachments must be expressly mentioned in the note.

In practice this means: if attachments exist but are not mentioned in the note, the foreign authority may treat the document as submitted without supporting evidence. The list of attachments is therefore checked before signing, not after.

How much an affidavit costs

Apostille on an affidavit for Hague Convention states

There is no single price. A state notary charges state duty for the notarial act and a fee for additional legal and technical services. A private notary sets the fee by agreement with the person, as provided by Article 31 of the Law On Notaries.

The apostille is paid separately. For documents executed by notaries, the apostille is issued by the Ministry of Justice of Ukraine; the fee is set by a separate order and is not included in the notarial fee.

Apostille and legalisation: what to do after the notary

An affidavit executed in Ukraine requires legalisation for use abroad. For states party to the 1961 Hague Convention this is an apostille: a stamp confirming the authenticity of the notary's signature and seal.

The general processing time is up to two working days. If a sample signature or seal must be obtained, or civil status records must be verified, the period may extend to twenty working days.

For states outside the Convention, consular legalisation applies: the document is certified by the Ministry of Justice, then by the Ministry of Foreign Affairs, and finally by the consulate of the relevant state.

Mistakes that cause rejection

Mistakes that cause an affidavit to be rejected
  • The fact is worded as if confirmed by the notary rather than by the applicant.
  • Attachments required by the authority are missing, or not mentioned in the certification note.
  • The text is in a language the recipient does not accept and there is no certified translation.
  • The statement contains corrections, additions, or misspelled names and dates.
  • The apostille is placed on the translation instead of the affidavit when the requirement differs.
  • The document is addressed to a Ukrainian authority although the circumstances fall within exclusive state competence.

Affidavits for foreign authorities: wording matters

Requirements differ by country. Some authorities ask for a first-person statement with the formula 'under my personal responsibility'; others want a neutral recital without any mention of liability. Some require the purpose of submission to be stated in the text.

Before drafting, obtain a sample or a list of requirements from the recipient. There is no universal wording: an unfortunate phrase costs a second visit to the notary and a second fee.

If an affidavit is needed for several authorities at once, prepare separate documents for each requirement. A single universal text often fails every check.

Frequently asked questions

Frequently asked questions

Can a notary refuse to certify an affidavit?
Yes. Refusal is possible if the document concerns circumstances certified only by a state authority and is intended for Ukraine; if the person has not produced an identity document; or if the text is illegible or contains unrecorded corrections.
Does the notary verify whether the facts are true?
No. The notary certifies the authenticity of the signature, not the content. Responsibility for the truth of the facts lies with the person who signed the affidavit.
How long is an affidavit valid?
The law does not set a validity period. The receiving authority may require a recent document — often no older than three or six months. Clarify this requirement in advance.
Can an affidavit be arranged without visiting the notary?
No. The signature is certified only in the person's presence: the notary must make sure the document was signed by that person and that they understand its content.
Is an apostille required for an affidavit?
It depends on the country. For Hague Convention states — an apostille; for others — consular legalisation. Check the requirements of the receiving authority.
Can an affidavit be certified in a foreign language?
The notary certifies a signature on a document in a language the person understands. For a foreign authority a certified translation is usually required.
Which attachments are needed?
Those that support the facts: certificates, extracts, receipts, photographs, letters. The list depends on the requirements of the receiving authority.
Can ownership of property be confirmed by an affidavit?
For a foreign authority — yes, as a statement of circumstances with supporting documents. For a Ukrainian authority — no: ownership is confirmed by the register, not by a statement.
What if an authority demands a certificate that nobody issues?
That is exactly what an affidavit is for: the person sets out the fact, attaches available documents, and the notary certifies the signature.
Can an affidavit be arranged for another person?
No. Only the person stating the facts in their own name signs and certifies the statement. A representative may act under a power of attorney, but may not sign someone else's sworn statement.

Kyiv notary: practical conclusions on the topic of the article

The material is based on applied practice. If your case differs from the standard one, a Kyiv notary will help you adapt the procedure to specific circumstances.

In most procedures, correct details, compliance with deadlines and the correct sequence of steps are decisive.

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