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Affidavits versus Statutory Declarations
Affidavits are typically used in court while Statutory Declarations are not. When you create an Affidavit, you’re known as the affiant.
Statutory Declarations are typically used in non-court legal settings for verifying personal information. When creating a Statutory Declaration, you’re a declarant.
Affidavits
What is an Affidavit?
An Affidavit is a written statement of facts you make under oath or affirmation. Often, courts use this type of document as evidence in legal proceedings.
To sign an Affidavit under oath or affirmation, a commissioner for oaths, notary public, or solicitor (or Justice of the Peace in Scotland) must witness and sign it with you.
Signing an Affidavit under oath or affirmation means you swear its listed facts are true. If a court determines that you have not been truthful in your Affidavit, it can be a form of perjury, and you can be held responsible for making a false statement.
An Affidavit is also known as a:
- Sworn statement
- Sworn affidavit
- Statement under oath
- Notarised statement
What is an Affidavit used for?
Generally, courts use Affidavits as evidence in legal proceedings. People use them when filing or responding to a court case. For example, a court could request that you provide an Affidavit, making it mandatory.
Sometimes, a lawyer can provide your Affidavit to a court during legal proceedings, so you don’t have to appear in person.
Here are some examples of cases in which an Affidavit could be used as evidence:
- Personal injury claims: A witness may use an Affidavit to detail the events leading to a vehicle collision.
- Breach of contract disputes: Parties, such as a landlord and a tenant, could use Affidavits to outline the terms and conditions of their contract and the alleged breach.
- Land or property disputes: Someone could use an Affidavit to prove their ownership or title to a piece of land. In boundary disputes, someone could use an Affidavit to present evidence regarding the location of boundaries and property lines.
- Divorce cases: Separated spouses who are divorcing could use an Affidavit to present evidence or facts relevant to the divorce case, such as details about assets, debts, or income.
- Child custody disputes: A parent could use an Affidavit to outline their suitability, involvement in the child's life, and ability to provide for their child's needs.
- Visa applications: A sponsor or employer could use an Affidavit to confirm and validate the details of the applicant's employment or purpose of visit.
- Will contestations: A witness could use an Affidavit to testify about the testator's mental state or the circumstances surrounding the creation of their Last Will and Testament.
- Estate administration: An executor or administrator could use an Affidavit to provide an account of assets and debts and a distribution plan.
How to sign an Affidavit
To properly sign an Affidavit, you must sign it under oath or solemn affirmation. As stated above, signing an Affidavit under oath or affirmation means you swear the facts are true.
Also, signing under oath or affirmation means someone authorised to administer oaths and affirmations must witness and sign it with you. This person could be a/an:
- Commissioner for oaths
- Notary public
- Solicitor, or Justice of the Peace (Scotland)
- Authorised member of court
If you don’t sign your document correctly with an individual who can administer oaths and affirmations, it will not be a sworn statement under oath and, therefore, will be invalid in court.
Who can use an Affidavit in the United Kingdom?
An Affidavit can be used by an individual who has personal knowledge of certain facts and is willing to swear under oath or solemn affirmation that the information provided in the Affidavit is true and accurate to the best of their knowledge.
In the United Kingdom, there are no specific age restrictions on using Affidavits. The ability to make an affidavit is not based on age but rather on the individual's capacity to understand the nature and consequences of their statements.
In general, anyone who is of sound mind and has the necessary knowledge of the facts can create an Affidavit.
How to write an Affidavit
To write an Affidavit properly, it must contain certain details. By using our Affidavit template, we prompt you to provide the following information:
- Court details, including the court and jurisdiction where the Affidavit will be used, and the case number
- Party details, including the claimant and defendant’s names, if applicable
- Affiant details, including your full name, job title, and address
- Statement of facts that are based on personal knowledge, not opinions
If applicable, the Affidavit should also specify whether you are writing it on behalf of the claimant or the defendant (the claimant is the party starting the lawsuit, and the defendant is defending themself).
Should I attach other documents to my Affidavit?
If you refer to additional documents, sources, or records in your facts, you should attach them to your Affidavit.
For example, if you reference a photograph in one of your facts, you can label it and staple it to your printed Affidavit, which would also be sworn as part of your Affidavit.
Statutory Declarations
What is a Statutory Declaration?
A Statutory Declaration is a formal written statement allowing you to affirm that certain information is true to the best of your knowledge.
Often, people use Statutory Declarations when no other documentary evidence is available, and they are satisfying a requirement or regulation outside of court.
In the United Kingdom, specifically, Statutory Declarations are sometimes used in the process of legally changing your name.
What is a Statutory Declaration used for?
As stated above, a Statutory Declaration is used to affirm certain information. For example, they can be used for:
- Verifying a name change: When you change your name, you may create a Statutory Declaration affirming your old and new names, creating a record of the name change.
- Attesting to your identity: A Statutory Declaration may be used to establish and declare your identity in certain situations such as applying to replace a piece of ID.
- Affirming personal information: A Statutory Declaration may be used to declare personal information, such as your name, address, or date of birth when opening a bank account or applying for a visa, passport, or driver's licence.
- Declaring your residency: In some cases, Statutory Declarations may be used to confirm details about your residency.
- Declaring your marital status: In some cases, Statutory Declarations may be used to confirm details about your relationship or marital status.
- Supporting other documents: Statutory declarations can be used to support or provide evidence for things like contracts or insurance claims, by affirming the information included in the document.
How to write a Statutory Declaration
To create a Statutory Declaration using our template, it should contain the following information:
- Declarant details, including your full name and address
- Statement of facts that are based on personal knowledge, not opinions
Also, a Statutory Declaration should include your signature and the signature of the person witnessing and certifying your Affidavit.
Who can witness a Statutory Declaration in the United Kingdom?
Much like an Affidavit, a Statutory Declaration can be witnessed and signed by anyone authorised to administer oaths and affirmations. This person could be a:
- Commissioner for oaths
- Notary public
- Solicitor
- Justice of the Peace
