25 June 2021

What is a statutory declaration?

Woodcock Notary Public explains what a statutory declaration is, when it is used and who has the legal power to authenticate it in this comprehensive guide.

Estimated reading time: 3 minutes

By Tallulah Brettell, Legal Intern

A statutory declaration is a formal statement of facts. Although it is not sworn, it is similar to statements made under oath in accordance with the Statutory Declarations Act 1835.

They can be used for both legislative reasons, and situations where there is not a legal requirement for one, but they are used regardless.

When will I require a statutory declaration?

Here are some instances where you may require a statutory declaration:

You legally change your name or residency and need to update your documents such as driving licences and passports
For a Gender Recognition Certificate
As a requirement by a financial institution to execute financial transfers to the legally entitled parties as stated by a Last Will and Testament
As a declaration of marital status or nationality
To declare solvency when going into liquidation in a business
To declare original statements as a part of patent applications

Who can authenticate my statutory declaration?

The statement needs to be truthful and accurate. As a result, a solicitor other than the one acting for you will address the statutory declaration when required. This is to make sure that the Declaration is legitimate on the grounds of being impartial. It cannot be certified by a solicitor acting on your behalf.

Therefore, statutory declarations need to be signed in the presence of someone with the authority to witness an oath. This is commonly a UK solicitor, Notary Public, or anyone who is authorised by law to hear it.

What is the process to get a statutory declaration?

To begin, either you draft the document yourself, or get it drafted by a Notary Public at an additional fee. It could be best to get it drafted by a notary like us, so you do not have to worry about ensuring it is accurate yourself.

Then, you will need to fill in the details of the declaration. After this, you can arrange a time to make your declaration.

Your declaration can then be presented to the court.

Using a statutory declaration overseas

First, it must be notarised by a Notary Public in the UK. Some countries may require an apostille in addition to the notarisation. An apostille can be gained from the Foreign, Commonwealth and Development Office (FCDO).

The apostille stamp confirms that the government has checked the identity of the person witnessing the Statutory Declaration after they have carried out their standard background checks. The apostille will also allow the overseas country to accept the declaration as a valid, signed document.

Some countries do not accept apostilles, so you will need to get your statutory declaration legalised with the embassy of the country you want to go to. This is a longer process than getting an apostille.

We can assist you with the process of getting an apostille, or embassy legalisation, as we manage the entirety of both processes for you.

It is important to mention that failure to obtain this declaration may lead to rejection or delays.

How we can help you

If you need your statutory declaration notarised or given an apostille, then our Notary Public with years of experience, Nathan Woodcock, can help.

You can arrange a notary appointment at one of our offices in Manchester, London, or Sheffield. Alternatively, you can make use of our mobile notary service to arrange an appointment at a reasonable time and place that suits you, whether it be at home, an office, or another suitable location.

Get in touch with us today to see how we can help you with your statutory declaration.