4 September 2024

Affidavits vs Statutory Declarations: what are the differences?

Affidavits and Statutory Declarations are two very similar documents, but they are used in very different circumstances. Find out the differences between these two documents, and how we can help you with them in our helpful blog.

Estimated reading time: 4 minutes

In certain situations, you may be asked to prepare some form of formal statement, such as an Affidavit or a Statutory Declaration in which you state that the information you are providing is factual and to the best of your knowledge. One example of having to provide a formal statement is if you have to go through court proceedings for some reason.

However, it is important to know the key differences between Affidavits and Statutory Declarations that make them distinct from each other, so you know what you will need to provide in your unique situation.

Keep reading to find out the differences between Affidavits vs Statutory Declarations, the situations they are used in, and how we can help you get one.

Affidavits vs Statutory Declarations

Essentially, the key difference between Affidavits vs Statutory Declarations is that Affidavits are only ever used in court proceedings, whilst Statutory Declarations are more general, and are used in other circumstances. One other difference is that, since Affidavits are used in court proceedings, they are considered to be sworn statements, whilst Statutory Declarations are not.

Otherwise, Affidavits and Statutory Declarations are quite similar. Both documents will need to be drafted, and both will need to include similar information, such as your name, the date, your signature, and the signature of those who witnessed you signing the document. Additionally, the main parts of both documents are related to the statements of what you believe to be true.

Finally, they will both need to be authenticated by a solicitor or Notary Public. If you have to use either document abroad, then your Affidavit or Statutory Declaration will need to be notarised and legalised as well.

Situations where you will need an Affidavit

As we have previously mentioned, Affidavits are only ever used in court proceedings. However, there are a range of examples of court proceedings which Affidavits can be used for.

Some examples of when you will need to provide an Affidavit include divorce proceedings and inheritance disputes

We have an informative guide on affidavits if you would more in depth information on them and how they are used.

Situations where you will need a Statutory Declaration

Unlike Affidavits, Statutory Declarations can be used in a broad range of situations, which makes it a far more common document.

Some examples of when you will need a Statutory Declaration include:

Deed polls for a change of name
Declarations of nationality
Proof of marital status

There are many other situations where you will be asked to provide a Statutory Declaration, with there being too many to list here. Just be aware that if you are required to declare a fact as part of a process, then you will likely need to have a Statutory Declaration prepared.

For more information on how Statutory Declarations are used, please visit our useful guide to Statutory Declarations.

How to get an Affidavit or a Statutory Declaration

To get either an Affidavit or a Statutory Declaration, you will need to get one drafted. This can be done either by yourself, or you can get the assistance of a legal professional.

If you draft your document yourself, you may leave out some important information without realising it.

We recommend that you use the services of a legal professional to ensure that your document includes all the necessary information that you will need, and make sure it is accepted as valid.

In addition to the above, there is a third option for drafting your Affidavit or Statutory Declaration, which involves generating a document template and filling in the details using an online service. These services can be an efficient way of drafting a document, but cannot always be sure that your document will be completely accurate.

If you need assistance with drafting your Affidavit or Statutory Declaration, then we can help you.

Other formal statements

Aside from Affidavits and Statutory Declarations, there are other types of formal statements that, whilst you are unlikely to need to use them, it could be useful to know about them.

The main two are oaths and affirmations. They are essentially the same thing, where you make a pledge that a statement you are to give is completely true. However, oaths are a religious pledge, whilst affirmations are for those who are not religious or who do not want to make a religious pledge. You can choose which one to use, as they have the same legal weight.

Oaths and affirmations are typically used when you are a witness in criminal proceedings, or if you are attending your British citizenship ceremony and are pledging allegiance to the British monarch and the United Kingdom.;

You can find out more by visiting our dedicated guide to oaths and affirmations.

How we can help

Now you know the differences between Affidavits vs Statutory Declarations, you should find out how we can help you with them.

First, before you proceed with any other service, your document will need to be drafted. Our experienced drafting team can prepare your Affidavit or Statutory Declaration for you, so that you do not have to worry about making it yourself. They will ensure that all of the information included is correct.

Then, once it has been drafted, you can get the assistance of our Notary Public of England and Wales, Nathan Woodcock. Nathan can witness your signature of the Affidavit or Statutory Declaration, authenticate the documents, or even notarise them if needed.

To meet Nathan, you can arrange your notary appointment to be at one of our offices in London, Manchester, or Sheffield. However, you also have the option of using our mobile notary service, which allows you to pick a suitable time and place of your own choosing for the appointment to be carried out at. For example, you could ask to have it at home, your office, a café, or elsewhere.

After your Affidavit or Statutory Declaration has been notarised, you may also need to get it legalised if you plan on using it abroad. We can also help you with this.

Depending on the country you need to go to, you will have a different legalisation process. Most countries accept apostilles, which are a faster form of legalisation. However, some require the lengthier embassy legalisation process, or even both.

We can assist you with getting an apostille from the Foreign, Commonwealth and Development Office (FCDO). We offer a standard and fast-track apostille service to suit whatever timescale you need to get your apostille in.

If you require embassy legalisation, then we can manage the whole process of that for you as well.

Get in touch with us today to see how we can help you with your Affidavit or Statutory Declaration.