Question 1

What is a statutory declaration?

Accepted Answer

A statutory declaration is a formal written statement of facts that a person signs and declares to be true before an authorized witness. It is a legal document used when an affidavit is not required but a formal sworn statement is needed to verify facts or support an application.

Question 2

When do I need a statutory declaration?

Accepted Answer

Common uses include declaring loss of documents (passport, birth certificate), verifying identity, confirming a name change, establishing residency, declaring relationship status, supporting immigration applications, or any situation where you need to formally attest to facts.

Question 3

What is the difference between a statutory declaration and an affidavit?

Accepted Answer

An affidavit is a sworn statement used specifically in court proceedings and is made under oath. A statutory declaration is a declared statement used for administrative and non-court purposes. Both carry legal penalties for false statements, but they serve different contexts.

Question 4

Who can witness a statutory declaration?

Accepted Answer

Authorized witnesses vary by jurisdiction but typically include notaries public, justices of the peace, commissioners of oaths, lawyers, pharmacists, police officers, and other professionals designated by law. The witness must verify your identity before you sign.

Question 5

What are the penalties for making a false statutory declaration?

Accepted Answer

Making a false statutory declaration is a serious criminal offense equivalent to perjury. Penalties vary by jurisdiction but can include fines and imprisonment. In many countries, it carries penalties of up to 4-7 years in prison.

Question 6

Does a statutory declaration need to be notarized?

Accepted Answer

A statutory declaration must be signed in the presence of an authorized witness, which may or may not be a notary public depending on your jurisdiction. In some countries, any authorized person (lawyer, justice of the peace) can witness it without formal notarization.

Question 7

Can a statutory declaration be used internationally?

Accepted Answer

A statutory declaration can be used internationally, but it may need to be apostilled or legalized for use in another country. Countries that are part of the Hague Apostille Convention accept apostilled documents. For non-member countries, embassy or consulate legalization may be required.

Question 8

How long is a statutory declaration valid?

Accepted Answer

There is no universal expiration date for statutory declarations. However, some organizations or government agencies may require declarations made within a specific timeframe (e.g., within the last 3-6 months). The validity depends on the purpose and the requirements of the requesting party.

Question 9

Can I write a statutory declaration myself?

Accepted Answer

Yes, you can draft a statutory declaration yourself. However, it must follow the proper legal format for your jurisdiction and be signed before an authorized witness. Using a template ensures you include all required elements and proper legal language.

Question 10

Can this document be signed electronically?

Accepted Answer

In many jurisdictions, electronic signatures are legally valid for this type of document. However, some documents may require wet-ink signatures depending on local laws.

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