A Full Guide to Statutory Declarations

Apostille, Legalisation, Notary Advice

A statutory declaration is a written statement made under oath or affirmation that is used to confirm the truth of a fact or facts. It is a legally binding document that can be used in a variety of situations, including court proceedings, immigration applications, and other legal matters. Here is a full guide to statutory declarations:

  1. What is a statutory declaration? A statutory declaration is a written statement that is made under oath or affirmation and signed by the person making the statement, known as the declarant. The purpose of the statement is to confirm the truth of a fact or facts, and it is a legally binding document.
  2. When are statutory declarations used? Statutory declarations can be used in a variety of situations, including court proceedings, immigration applications, and other legal matters. They may be used to confirm facts such as residency, identity, or marital status, among others.
  3. Who can make a statutory declaration? Any person who is legally competent and able to take an oath or make an affirmation can make a statutory declaration. This includes individuals, corporations, and other legal entities.
  4. How is a statutory declaration made? To make a statutory declaration, the declarant must prepare a written statement that sets out the facts they wish to confirm. The statement must be signed by the declarant in the presence of a commissioner for oaths, a notary public, or a solicitor. The person witnessing the signature must then sign and stamp the statement to confirm that it was made under oath or affirmation.
  5. What is the difference between a statutory declaration and an affidavit? Both statutory declarations and affidavits are written statements made under oath or affirmation. The main difference between the two is that a statutory declaration is used to confirm the truth of a fact or facts, while an affidavit is used as evidence in court proceedings.
  6. How long is a statutory declaration valid? A statutory declaration is usually valid for six months from the date it is signed. After this time, a new declaration must be made.
  7. Can a statutory declaration be challenged in court? Yes, a statutory declaration can be challenged in court if there is evidence to suggest that the facts contained in the declaration are not true. In such cases, the declarant may be charged with perjury, which is a criminal offence.

In summary, a statutory declaration is a written statement made under oath or affirmation that confirms the truth of a fact or facts. It is used in a variety of legal situations and is a legally binding document. To make a statutory declaration, the declarant must prepare a written statement, sign it in the presence of a commissioner for oaths, notary public, or solicitor, and have it witnessed and stamped.

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