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A hardship affidavit is a sworn written statement setting out the financial or personal difficulties that prevent a person from meeting a financial obligation or complying with a court order. In England and Wales, it is used in contexts including debt enforcement hearings, mortgage repossession proceedings, family court financial remedy applications, and insolvency-related applications.

Courts expect supporting documentary evidence alongside the affidavit, such as recent bank statements, wage slips, benefit award letters, medical evidence of illness affecting income, and details of essential monthly outgoings. The affidavit should cross-reference these exhibits clearly. Unsupported assertions of hardship carry little weight without corroborating documents.

An affidavit alone will not stop enforcement, but it can support an application under the Tribunals, Courts and Enforcement Act 2007 for a variation or suspension of a warrant of control. The court will consider the evidence of hardship and may grant a payment arrangement or adjournment. It is advisable to make the application as early as possible to allow the court time to consider it.

Yes. Under section 36 of the Administration of Justice Act 1970, a court may adjourn repossession proceedings or suspend an order for possession if the mortgagor is likely to pay any sums due within a reasonable period. A hardship affidavit setting out income, expenditure, and a realistic repayment proposal supports the mortgagor's case for suspension of the possession order.

The affidavit should be as detailed and specific as possible, setting out monthly income from all sources, regular essential expenditure, the reasons why payments cannot be met, and any steps taken to address the situation. Courts respond better to affidavits that are honest about the full picture rather than those that omit unfavourable facts. Vague statements of difficulty rarely persuade a judge.

Yes. In family court financial remedy proceedings, a party may submit a hardship affidavit to explain a change of circumstances affecting their ability to comply with a maintenance order or to seek a variation. The Family Procedure Rules 2010 govern how such evidence is filed and served. The court assesses the evidence against the circumstances of both parties before making any variation.

The affidavit should be headed with the court and case reference where applicable, identify the deponent, and set out the facts in numbered paragraphs in the first person. Exhibits should be clearly labelled with the deponent's initials and a sequential number. The jurat at the end records where and before whom the oath was taken. Following CPR Practice Direction 32 ensures the document meets procedural requirements.