Do you need an affidavit? We’ll show you how to prepare one

Quick Overview:

• An affidavit confirms a fact that you state under your own responsibility.
• It can only be used if the institution in question accepts it or if its use is permitted by law.
• It must be clear who is making the declaration, what exactly is being confirmed, for what period, and for what purpose.
• The date, place, and signature are usually required; sometimes the recipient requires a specific form or a notarized signature.
• Providing false information does not automatically constitute a criminal offense, but it may lead to the rejection of an application, the return of benefits, a misdemeanor, or—if the legal conditions are met—criminal liability.

There is no single universal rule determining when a sworn statement is required. The specific law, form, or the recipient’s requirements determine this. An affidavit cannot be used as a generic substitute for a certificate, statement, or other document. Before drafting one, therefore, verify whether it is permissible for the given purpose and what information it must contain.

Not sure whether an agency will accept an affidavit or requires a different document? Send us their request, and our attorneys will verify the document’s proper form and content.

What Is an Affidavit and When Is It Used?

An affidavit is a written confirmation of a specific fact, signed by the person making the declaration. Unlike a standard confirmation from an institution (e.g., a confirmation of employment or income), it is based solely on your own responsibility. Its legal significance depends on the purpose for which it is used and on whether a specific legal provision or the relevant institution accepts it as a means of substantiating a certain fact. If it is proven that the information contained therein is untrue, this may, depending on the circumstances, result in the rejection of an application, the repayment of benefits received, administrative penalties, and, in serious cases, even criminal liability.

It is used in a wide range of situations where it is not possible, appropriate, or effective to obtain confirmation from a third party. It is typically required by employment agencies, the tax office, schools, employers, or banks. In some cases, it may replace another document, but only if such a procedure is permitted by law or accepted by the institution to which you are submitting the declaration.

There is no single universal legal template for an affidavit. However, its use may be governed by specific laws, and its exact form is often determined by the requirements of the relevant agency or other institution. For example, if you are applying for a tax deduction for your spouse, the tax office may require confirmation that your spouse is not claiming the deduction herself. Or, when applying for social benefits, you must prove that you have no income, specifically by means of a sworn statement.

The difference from a notarial deed is that you draft the affidavit yourself, and it does not need to be certified by a notary. However, this does not mean that it is a worthless piece of paper. On the contrary, by signing it, you confirm that you are responsible for the accuracy of the information provided; official certification of the signature is required only if mandated by law or requested by the recipient of the document.

The Most Common Situations in Which a Sworn Statement Is Required

Affidavit from a Spouse

In the area of taxation, we often encounter situations where an employee requests a tax deduction for a spouse. To claim this deduction, it must be proven that the spouse’s income does not exceed the statutory limit. To claim the deduction, the taxpayer must demonstrate compliance with the statutory conditions, particularly regarding the spouse’s own income. In 2026, the deduction may be claimed only for months in which, at the beginning of the month, the taxpayer lives in a common-household with a spouse and a dependent child under the age of three; at the same time, the spouse’s own income for the entire year must not exceed 68,000 CZK. The method of providing proof may vary depending on whether you are claiming the deduction through your employer or on your tax return.

Affidavit for Tax Purposes

In addition to the spousal deduction, there are a number of other tax benefits for which a sworn statement is required. This may include, for example, the child tax credit, for which you must prove that the other taxpayer is not also claiming it for the same period; the specific method of providing proof is governed by the Income Tax Act and the requirements of the employer or tax office. Depending on the circumstances, a sworn statement may also be required in connection with claiming interest on a home loan; however, it is always necessary to verify what specific documentation the recipient requires. Without this document, both parents or partners could end up claiming the same deduction, which the tax office would subsequently challenge retroactively.

Affidavit of Zero Income

Another common situation arises for people who are applying for social benefits or other subsidies and must provide proof of their income. The employment office often requires proof that the applicant truly has no income. If the applicant cannot provide a confirmation from an employer or other standard documentation, the relevant agency may, in some cases, accept a sworn statement of zero income. This document is particularly important during transitional periods when the applicant has no income but needs assistance from the government. However, a sworn statement is not a universal substitute for the required documents, and it always depends on the rules of the specific proceeding.

Affidavit Regarding a Shared Household

For state social assistance benefits, as well as for certain school or preschool benefits, it may be important to determine which individuals constitute a shared household and jointly cover their living expenses. A sworn statement regarding a shared household thus serves as proof that the family actually lives together and shares expenses. Although it may seem like a formality, it can be significant when assessing eligibility; however, it does not in itself guarantee that the agency will not also require additional documentation.

Affidavit of Income

Entrepreneurs, self-employed individuals, or people with irregular income sometimes find themselves in a situation where they must document their income without having a standard tax return or a confirmation from an employer. A sworn statement of income can thus serve as a temporary solution, provided the institution in question accepts it, until the required official documents are available.

Affidavit of Residence

A housing confirmation is also common. For example, when enrolling a child in a school outside the designated catchment area, it is often necessary to prove that the child actually resides at the specified address. Similarly, banks want to know a client’s actual place of residence when granting a loan. In these cases, a sworn statement of residence helps to quickly and easily verify the necessary facts. However, a school, bank, or government office may also require a lease agreement, information from the population registry, or another document, so a sworn statement is sufficient only if the institution in question accepts it.

Affidavit of Good Conduct and Non-Claim of Damages

Some companies, particularly in the security or financial services sectors, may also require a sworn statement of good character. A sworn statement may replace an extract from the Criminal Records Registry only if the employer accepts it and the applicable law does not expressly require the extract for the activity in question. Similarly, when settling insurance claims, the injured party may be asked to submit a sworn statement affirming that they are not seeking compensation for the incurred damages from another entity.

How to Write an Affidavit

A properly drafted affidavit should be simple, clear, and contain all essential information. Although there is no single universal form, certain elements should always be included.

1. Document title—for example, “Affidavit of Income.”
2. Identification of the declarant —include your first name, last name, date of birth, and address; provide additional information only if necessary.
3. Recipient and purpose —state to whom you are submitting the document and for which proceeding or application it is intended.
4. Clear description of the facts —briefly but clearly describe exactly what you are declaring and for what period. For example, “I declare that I had no taxable income during the period from January 1 to December 31, 2026” or “I declare that I live in a shared household with my spouse.”
5. Any attachments —if required by the institution, list them in the document.
6. Date and place of preparation —this information confirms the document’s current status.
7. Signature —usually handwritten. For electronic submissions, it depends on the recipient’s requirements; an electronic signature or submission via a data box may be used if it has the same legal effect as a signed written document in that situation.

The language should be clear, without complex legal jargon. Government agencies and institutions appreciate brevity and clarity. If you’re looking for a template for an affidavit, you can download a basic affidavit template. However, always adapt it to the specific purpose and requirements of the recipient.

From our experience as attorneys, we know that the most common problem is not the absence of legal terminology, but content that is too general. People often fail to specify the time period, the purpose of the document, or the exact fact they are confirming, or they use a generic template when the institution requires its own form. This often results in a request for additional information and an unnecessary delay in the proceedings.

Be aware of the legal consequences —if you provide false information in an affidavit, it could lead to criminal prosecution. However, not every error or inaccuracy automatically constitutes an offense or a crime. Depending on the circumstances, false information may lead to the rejection of the application, the return of any benefits received, or other consequences under specific legal provisions. If someone knowingly provides false information with the intent to obtain an unjustified financial benefit, this may, under certain conditions, also constitute fraud.

Not sure if the downloaded template meets the agency’s requirements? Our attorneys will review the purpose, required elements, and method of submission and prepare a document tailored to your specific case.

Affidavit, Certified Signature, and Sworn Statement

You draft the affidavit yourself and certify it with your signature. If the recipient requires an officially certified signature, the certification merely confirms that you signed the document or acknowledged the signature as your own. It does not confirm the truthfulness or legal accuracy of its content.

Affidavits are primarily used for documents intended for use abroad. Their form—including any required oath, signature certification, translation, or apostille—is governed by the laws of the relevant country and the requirements of the foreign institution. Therefore, it cannot be generally stated that every affidavit must be drawn up before a Czech notary or that it automatically carries greater legal weight.

We’ll draft an affidavit for you

If you find yourself in a situation where you’re unsure how to write an affidavit, or whether a simple sworn statement is sufficient or if a notarized affidavit is required, we recommend consulting an expert. An attorney can help you not only with the wording but also with determining whether your statement is sufficient for a specific government agency or institution.

This way, you’ll avoid the risk of your application being rejected, unnecessary delays, or even legal problems associated with incorrectly stated information. If you need help drafting a customized affidavit, don’t hesitate to use our legal advisory service. We will prepare a document for you that precisely meets your needs and complies with current legal regulations.

Summary

An affidavit serves to confirm a specific fact under the responsibility of the person who signs it. It may only be used when permitted by the relevant legal regulation or accepted by a specific institution; it is not a universal substitute for a certification, extract, or other document. The document must clearly state who is making the declaration, to whom it is addressed, what exactly is being declared, for what purpose, the period for which it was drawn up, and who signed it. The legal effects and consequences of providing false information depend on the specific situation. Therefore, before using a template, always verify the required form, the method of signature, and any necessary attachments.