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How to Swear an Affidavit of Divorce with an Exhibit in BC
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Estimated reading time: 3 minutes
Swearing an affidavit of divorce in British Columbia can be a crucial yet confusing step in the divorce process. Many individuals struggle to attach the required exhibit, typically a photograph of their ex-spouse, for instance. This step ensures the court can verify that the correct individual was served with the divorce papers. In this guide on how to swear an affidavit of divorce with an exhibit in BC, we’ll walk you through the proper procedure and help you avoid common mistakes. So, understanding how to swear an affidavit of divorce with an exhibit in BC is key to ensuring this step is done correctly.
Why Is the Exhibit Important?
The exhibit, usually a photo of your ex-spouse, is used by the court to compare with the image in the affidavit of personal service. This ensures that the proper individual has been served. However, if the exhibit is missing or improperly attached, your affidavit may be rejected, delaying your divorce. Therefore, knowing how to correctly swear an affidavit of divorce with an exhibit in British Columbia is essential to avoid such delays.
It’s important to note that a photo exhibit is only required when the process server uses a photo to identify the ex-spouse. In such cases, the affidavit of divorce should include a paragraph explicitly referring to the photo exhibit.
Common Mistakes to Avoid
- Failing to Attach the Photo: Without the exhibit, the affidavit is incomplete and may be invalid.
- Exhibit Not Properly Identified: The notary must officially identify the photo as the exhibit in the affidavit.
- Missing Reference to the Exhibit: Ensure the affidavit includes a paragraph referring to the photo exhibit if required.
The Correct Procedure
Here are the steps to ensure your affidavit of divorce and its exhibit are correctly sworn. Following the correct procedure on how to swear an affidavit of divorce with an exhibit in BC is crucial:
- Prepare Your Documents:
- Print your unsigned affidavit of divorce.
- Print the photograph of your ex-spouse on standard-size letter paper.
- Visit a Notary:
- Take the unsigned affidavit and the photo with you to a notary public.
- Notary Identifies the Exhibit:
- The notary will review the photo and identify it as the exhibit in your affidavit.
- They will mark the photo with a notation such as “Exhibit A to the Affidavit of [Your Name], sworn on [Date],” using any white space on the first page of the exhibit.
- In many cases, the notary will apply a stamp like the one below and then hand-fill in the details.
- Swear the Affidavit:
- Under oath, you will swear or affirm the affidavit’s contents are true before the notary.
- Finalize the Affidavit:
- The notary signs and seals the affidavit, officially completing the process.

Tips for Success
- Double-Check Your Documents: Ensure you have printed the correct photo and affidavit before visiting the notary. Swearing an affidavit of divorce with an exhibit in BC requires attention to detail.
- Include Exhibit Reference: Verify that the affidavit includes a paragraph referring to the photo exhibit if needed.
- Use a Professional Notary: Select a notary familiar with affidavits and legal exhibits to avoid errors.
- Keep Copies: Retain copies of the affidavit and the exhibit for your records.
Following these steps can help you avoid unnecessary delays and confidently move forward with your divorce proceedings in British Columbia. Understanding how to swear an affidavit of divorce with an exhibit will help ensure the process is as smooth as possible.