14 May 2024

A guide to the Statutory Declaration

Many situations require you to provide a signed statutory declaration. We shall tell you all about this important document, and how we can help you with it.

Estimated reading time: 4 minutes

The statutory declaration is a formal statement and declaration of the facts, stating that something is true to the best of the declarer’s knowledge.

Usually, they are used for legal reasons, though they may also be used in other situations as well.

Read on to learn about the different situations you will be asked to provide a statutory declaration for, how you get one, and how we can help you.

Situations that require a statutory declaration

There are several situations where you may be required to provide a statutory declaration both within the UK, or abroad.

Some of these situations are:

Declaration of Name Change (used alongside a Deed Poll)
Change of gender
Marital status declaration
A last will and testament
Nationality declaration
Declaration of Solvency
Declaration of Insolvency

There are many other situations where you might be required to provide a Statutory Declaration, some of which will be for very specific and uncommon reasons.

Ultimately, the process for making a declaration is the same regardless of the topic, you will just need to ensure you provide all of the relevant information for your situation.

How do I get a Statutory Declaration?

To get a Statutory Declaration, you have a few options. However, most require someone to draft the document.

If you feel like you have the ability to do so, you could draft your own Statutory Declaration. You should ensure that you include all information that is relevant to your circumstances, otherwise your declaration may not be accepted as a true reflection of the facts.

Furthermore, you could get someone else to draft the document for you instead. We recommend that you use a legal professional to assist you with it, as they will know what needs to be included. For example, our own legal team is happy to help with drafting a range of documents.

Statutory Declarations related to businesses may be easier to get. Some businesses may provide a declaration for their employee to sign if it is related to their job.

Also, many businesses will have legal teams that will be able to draft a declaration for whatever situation the business needs it for.

In summary, there are several ways to get a Statutory Declaration, all of which vary based on your circumstances. If you need expert assistance with drafting, then we can help you.

Statutory Declaration form

Related to the previous paragraph, there are some websites where you can generate or download a template of a Statutory Declaration.

For example, there are UK Government web pages with templates for specific situations, such as the declaration of ignorance of court proceedings. This is for very specific situations, and requires you to complete the provided Statutory Declaration form to be able to use the document in court.

Please note that if you use an online service’s Statutory Declaration form to generate a document, it may not always be completely suitable for your situation. Make sure you fill everything out correctly, and look over the document to see that everything relevant has been included.

Authenticating a Statutory Declaration

Whilst there are many options for drafting a Statutory Declaration, there are fewer for authenticating it.

To authenticate a declaration, you will either need to get the services of a solicitor, or a Notary Public. However, it should be noted that a Notary Public can generally do more than a solicitor.

A solicitor can only do basic certification and act as a witness to you signing the document.

Meanwhile, a notary can carry out authentication and act as a witness just like a solicitor, but they can also help with things such as notarisation. Also, a notary can assist you with getting your Statutory Declaration legalised, such as by getting an apostille from the Foreign, Commonwealth and Development Office (FCDO). We offer all of these services.

Notarisation and legalisation are particularly important processes if you intend to use your Statutory Declaration abroad. For example, if you want to get married in a country such as Cyprus, you may need to provide a declaration to prove that there are no reasons that you cannot get married.

There are some situations where a solicitor or notary may be best suited. It might be best to ask whoever has requested that you give them a Statutory Declaration which one is more suitable.

Affidavits

Related to the Statutory Declaration is the Affidavit. Affidavits are typically used in court proceedings. There are some differences you should be aware of, so as not to potentially get confused between the two.

Affidavits are a statement of facts , with the person providing the Affidavit being known as the ‘affiant’. The affiant swears under oath that the facts are accurate to the best of their knowledge.

The key difference between a Statutory Declaration and an Affidavit are that whilst the latter is solely for court proceedings, the former has a broad range of uses, as we have highlighted in an earlier paragraph.

Just as with Statutory Declarations, they will also need to be drafted, have a witness be there when you sign it, and may also need to be notarised if you want to use it abroad.

How we can help

Our Notary Public of England and Wales, Nathan Woodcock, has successfully assisted thousands of clients with their notarial needs. He can help you too.

If you want to get your Statutory Declaration notarised, then you can contact us to arrange an appointment with Nathan. The appointment can take place at one of our offices in London, Manchester, or Sheffield. Alternatively, you have the option of using our mobile notary service, which lets you book your appointment to be at a suitable location of your choosing, at a reasonable time.

Additionally, we can assist you with embassy legalisation or with getting an apostille from the FCDO. The process depends on which country you want to use your Statutory Declaration in.

Countries that accept apostilles all have the same process. We can manage it all for you, so you do not have the stress of dealing with getting an apostille. You can choose either our standard service that takes 25 to 30 days, or our fast-track apostille service that takes 5 to 7 days.

Get in touch with us today to discuss your needs and see how we can help you.