Oath vs. Affirmation

In notarial practice, an oath and an affirmation are two legally binding pledges made by a signer to declare that the contents of a document or statement are true. Both serve the same legal purpose, but they differ in wording and the individual’s personal or religious preference. Notaries must know the distinction because the signer chooses which form they are most comfortable taking.

Definition of an Oath

An oath is a solemn declaration made under a pledge to a higher power (traditionally God). It is often used when the signer wishes to invoke a religious or spiritual belief system while making their promise.

• Language Example: “Do you solemnly swear that the statements in this document are true, so help you God?”

• Use Case: Commonly used in affidavits, sworn testimony, or when a person prefers to invoke a religious affirmation.
  
  

Definition of an Affirmation

An affirmation is a solemn promise of truthfulness made without religious reference. It carries the same weight as an oath in law but is phrased in purely secular terms.

• Language Example: “Do you solemnly affirm that the statements in this document are true, under penalty of perjury?”

• Use Case: Preferred by individuals who do not wish to make a religious oath due to personal, moral, or philosophical reasons.
  
  

Key Similarities

• Equal Legal Effect: Both are binding under law, and a false statement under either carries penalties for perjury.

• Administered by Notaries: Notaries and other officials administer both, ensuring the signer clearly understands the declaration.

• Used in the Same Situations: Oaths and affirmations are interchangeable depending on the signer’s preference.

mportance in Notarial Certificates

When administering a jurat (a type of notarial act requiring an oath/affirmation), the notary must ensure:

1. The signer chooses between an oath or affirmation.

2. The notarial certificate reflects the correct wording used.

3. The signer understands they are making a legally binding declaration of truth.
   
   

Incorrect wording or failure to offer both options could invalidate the notarization.

Noble Notary Signing Service Agency and Oaths/Affirmations

At Noble Notary Signing Service Agency, we carefully administer oaths and affirmations, respecting each signer’s personal or religious choice. Our training through the Notary Prosperity Academy emphasizes the proper administration of both, ensuring compliance with Florida law and professional notarial standards.

Conclusion

Both oaths and affirmations are solemn declarations of truth with the same legal effect, differing only in religious vs. secular language. Notaries must be diligent in offering both options, respecting the signer’s beliefs while ensuring compliance with the law. With professionals like Noble Notary Signing Service Agency, clients can trust that these important legal pledges are administered correctly and respectfully.

Level Up Your Notary Growth & Business Success With Our  Notary Training Courses!