Statutory declaration: what it is and when you need one

A statutory declaration is a formal written statement in which a person solemnly confirms that the facts set out are true. It is used when there is no ordinary document to prove a fact but the fact needs to be confirmed formally. The institution rests on the Statutory Declarations Act 1835.

When do you need one?

Typical situations: to confirm a change of name, to report a lost document, to confirm marital status or a fact for which there is no certificate, or to give a formal statement to foreign authorities. Declarations are often requested by banks, government bodies and overseas authorities when standard papers are not enough.

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How is it different from an affidavit?

A statutory declaration is not made on oath: the person 'solemnly and sincerely declares' rather than swears. That distinguishes it from an affidavit, which is sworn on oath and usually used in court proceedings. But a declaration carries real legal weight: making a knowingly false declaration is a criminal offence.

Who certifies it and what does it cost?

The declaration must be made before an authorised person — usually a solicitor or commissioner for oaths, and sometimes a notary. The law sets a fixed fee: £5 to certify the declaration for each person making it, plus £2 to mark each exhibit — a supporting document. These rates are set by a 1993 order and include VAT where it applies.

How does it work?

You bring the finished text of the declaration to the authorised person, who checks your identity; you confirm the statement is true and sign it in front of them, and they add their signature and details. You must not sign in advance — the signature is made at the point of certification. Word the text precisely and without padding: you are responsible for every statement in the document.

Where do you make one and what to bring?

Most solicitors can certify a declaration, as can a notary; many legal offices offer this without an appointment, but it is best to call ahead. Bring photo ID (a passport or driving licence) and any papers you refer to — these are attached as exhibits. Prepare the text in advance: it is drafted either by whoever needs the declaration (for example a foreign authority may send a form) or by you from a template.

What to keep in mind

Do not sign the document at home or date it in advance — both the signature and the date are added in front of the certifier. Check that the body requesting it accepts a statutory declaration specifically, rather than a certified copy or an affidavit — requirements sometimes differ, especially abroad. And treat the content seriously: a false declaration is a criminal offence, so include only what you are sure of.