A Statutory Declaration is a formal legal document by which a person (the declarant) solemnly and sincerely declares a set of facts to be true. It is made before a person authorised by law to administer oaths in England and Wales — typically a solicitor, commissioner for oaths, or notary public — and is governed by the Statutory Declarations Act 1835 and the Oaths Act 1978. Unlike an affidavit, which is made on oath and is used primarily in court proceedings, a Statutory Declaration is made under solemn declaration for administrative and non-litigious purposes. The declarant does not need to swear on a religious text; an affirmation is equally valid under the Oaths Act 1978, making the process accessible to people of all beliefs.

The legal effect of a Statutory Declaration is significant: by making the declaration, the declarant asserts that the facts stated in it are true to the best of their knowledge and belief. Making a false statement in a Statutory Declaration is a criminal offence under the Perjury Act 1911, which carries a maximum penalty of seven years' imprisonment. This serious penalty reflects the fact that a Statutory Declaration is intended to provide the recipient with the same level of assurance as evidence given under oath in a court of law.

Statutory Declarations are used across a wide range of legal, administrative, financial, and commercial contexts in England and Wales. They are required by government agencies, companies, financial institutions, and professional bodies as formal evidence of facts that cannot easily be proved by documentation alone. Common uses include confirming the loss of an original document (such as a share certificate or title deed), confirming a change of name, confirming single status or freedom to marry for foreign marriage registrations, confirming residency or identity for visa applications or HMRC purposes, and confirming facts in connection with probate applications or company law matters under the Companies Act 2006.

Our UK Statutory Declaration template is drafted in accordance with the prescribed form of words required by the Statutory Declarations Act 1835 and is suitable for a wide range of purposes. The declaration must be taken before a qualified person — it cannot simply be signed by the declarant without witnessing.

A Statutory Declaration is needed in any situation where a person is required to formally confirm facts under solemn declaration in England and Wales, typically because documentary evidence is unavailable, insufficient, or not accepted by the relevant authority.

The most common situations in which a Statutory Declaration is required include: the loss of a share certificate, where the company's registrar or transfer agent requires a Statutory Declaration confirming the loss before issuing a replacement certificate; the loss of title deeds to land, where a Statutory Declaration setting out the history of ownership may be required to support a Land Registry application; confirming a change of name where a deed poll is not available or not required by the relevant organisation; confirming single status or freedom to marry for the purposes of a foreign marriage, where the relevant country or marriage authority requires a formal statement from the applicant; confirming identity or residency for HMRC, the Home Office, or other government departments; satisfying requirements imposed by insurance companies when making claims for lost or destroyed items; providing evidence in connection with a probate application for small estates; confirming facts relating to company law matters, such as the loss of company registers or the destruction of minute books; and confirming facts in connection with financial transactions, such as providing evidence to a bank or financial institution about the source of funds or the existence of an agreement.

A Statutory Declaration is also commonly used in connection with driving licence applications and vehicle licensing matters with the DVLA, and in connection with applications for replacement documents with government agencies including HM Passport Office, HMRC, and the Department for Work and Pensions.

The declaration must be made before a qualified person authorised to administer oaths in England and Wales. It cannot simply be signed by the declarant without being witnessed and countersigned by the commissioner for oaths.

A properly drafted Statutory Declaration for use in England and Wales must contain several key elements that are required by the Statutory Declarations Act 1835 and the conventions of English legal practice.

The identity of the declarant must be clearly stated at the beginning of the declaration. This includes the declarant's full legal name, full residential address (including postcode), and occupation. The address should be the declarant's current home address, as it is used to identify the declarant and may be relevant to the purpose for which the declaration is being made.

The solemn declaration formula is a prescribed form of words required by the Statutory Declarations Act 1835. The declaration must state that the declarant 'do solemnly and sincerely declare' the following facts to be true. This formula distinguishes a Statutory Declaration from a witness statement (which uses a statement of truth) and from an affidavit (which is made on oath). The use of the correct formula is essential for the declaration to have legal effect.

The substance of the declaration — the facts being declared — must be set out clearly, precisely, and in plain English. Each fact should be stated as a numbered paragraph. The facts must be within the declarant's personal knowledge or honestly held belief; the declarant should not make assertions about matters they do not know to be true. Exhibits — documents referred to in the declaration — should be clearly identified with a reference mark (for example, Exhibit A) and must be produced to and identified by the commissioner for oaths at the time of execution.

The perjury warning must appear prominently in the declaration. The Statutory Declarations Act 1835 requires the declaration to include a statement that the declarant is aware of the consequences of making a false declaration — specifically, the liability for prosecution under the Perjury Act 1911.

The execution clause records where, when, and before whom the declaration was made. It must include the name and professional details of the commissioner for oaths or solicitor before whom the declaration was made, their signature, and the date of execution. The commissioner must also add their official designation (for example, 'A Commissioner for Oaths' or 'Solicitor of the Senior Courts of England and Wales') and their official seal or stamp where required.