Affidavit for Divorce in Scotland: Swearing, Notary, and JP Options

Every divorce in Scotland requires a sworn affidavit — a legally binding statement of facts made under oath. In the Simplified Procedure, the affidavit is built into the form itself. In the Ordinary Procedure, you prepare a separate affidavit document. Either way, the swearing must happen in person before an authorised legal officer.

What the Affidavit Covers

In a simplified divorce (Forms CP1 or CP2), the affidavit section of the form asks you to declare under oath that:

• The facts stated in your application are true
• The marriage has broken down irretrievably
• You've been separated for the required period (1 year with consent or 2 years without)
• There are no children of the marriage under 16
• There are no outstanding financial claims
• You understand the legal consequences of the divorce

For an ordinary divorce, you prepare a standalone affidavit covering the grounds for divorce, the facts of the marriage breakdown, and — if children are involved — the proposed arrangements for their care. An independent corroborating witness must also submit their own sworn affidavit confirming the key facts.

Where to Swear the Affidavit

You have two options:

Justice of the Peace (Free)

Every Sheriff Court in Scotland has Justices of the Peace available to administer oaths. This is the recommended route for DIY applicants because it costs nothing.

To use this service:

1. Phone the Sheriff Court where you'll be filing
2. Ask to book an appointment with the JP clerk for a "simplified divorce swearing" (or ordinary divorce affidavit swearing)
3. Bring the completed form (unsigned) and valid photo ID
4. Sign the affidavit in front of the JP, who witnesses your signature and stamps the form

The appointment usually takes 10–15 minutes. Some courts offer walk-in swearing during designated hours, but booking ahead is more reliable.

Notary Public or Solicitor (£20–£50)

Most practising Scottish solicitors are also Notaries Public and can administer the oath at their office. This is convenient if you need a Saturday or evening appointment that the Sheriff Court doesn't offer, but you'll pay a fee — typically £20 to £50.

You can also use a Commissioner for Oaths, though they're less common in Scotland than JPs.

Common Mistakes

Signing before the appointment. Don't sign the affidavit section in advance. The entire point is that the JP or Notary watches you sign and confirms it was done in their presence. A pre-signed affidavit will be rejected.

Letting the affidavit go stale. There's no hard statutory expiry date, but best practice is to lodge your application within one month of swearing. If you wait too long, the court may question whether the facts are still current and ask you to re-swear.

Using the wrong officer. The person administering the oath must be authorised to do so in Scotland. An English Commissioner for Oaths or a Notary Public certified only in another jurisdiction won't work.

Forgetting the witness affidavit in ordinary cases. If you're filing under the Ordinary Procedure, you need two affidavits — yours and an independent witness's. The witness can be a friend, family member, or colleague who has personal knowledge of your marriage and separation. They must also swear their affidavit before a JP or Notary.

For Ordinary Procedure: The Corroborating Witness

The witness must be someone other than your spouse who can confirm:

• That the marriage has broken down
• The circumstances of the separation
• That the arrangements for any children are appropriate

The witness doesn't need to have been present at specific events — they just need personal knowledge of your circumstances. A close friend who has seen you living separately, a family member who helped you move out, or a colleague who can confirm your changed address all work.

The Scotland Divorce Filing Process Guide includes a step-by-step affidavit walkthrough for both procedures, plus a checklist of what to bring to your JP appointment.

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