Statutory Declarations

A statutory declaration is a formal, legally binding statement of fact made in writing and affirmed in the presence of an authorized official, such as a lawyer, notary public, or commissioner for oaths. It is often required when proving a fact or providing evidence in situations where a sworn affidavit is unnecessary.. Statutory declarations are commonly used in legal, business, and government proceedings.

When Are Statutory Declarations Used?

Statutory declarations serve as an official record of a person’s statement and are frequently required in situations such as:

1. Legal Name Changes – To confirm an individual’s legal name change when official records need updating.
2. Residency or Citizenship Confirmation – Used in immigration processes to confirm residency, citizenship status, or sponsorship details.
3. Business and Financial Matters – Required for confirming company ownership, financial status, or compliance with legal regulations.
4. Property and Land Ownership – Used in real estate matters to verify ownership, historical use of land, or inheritance claims.
5. Lost or Stolen Documents – Needed when replacing lost passports, identification documents, or official records.
6. Marital Status Declarations – Required for marriage applications when official documentation is unavailable.
7. Insurance and Claims Processing – Used to support insurance claims, including loss, damage, or eligibility for benefits.
8. Academic and Employment Verification – Used to confirm qualifications, work experience, or completion of studies when official records are missing.

Legal Requirements for a Statutory Declaration

For a statutory declaration to be valid, it must meet the following criteria:

• Written Statement of Facts: The document must clearly state the facts being declared.
• Affirmation or Oath: The declarant (person making the statement) must sign the document in the presence of an authorized official.
• Witness Certification: A lawyer, notary public, or commissioner for oaths must witness and certify the document.
• Truthfulness and Accuracy: False declarations can result in legal consequences, including fines or imprisonment.

Difference Between a Statutory Declaration and an Affidavit

Although both are legally binding statements, the main differences are:

• Affidavits are sworn under oath and often used in court proceedings.
• Statutory Declarations are affirmed rather than sworn and are typically used for administrative and official purposes outside of court.