Distinguishing Between an Affidavit & a Statutory Declaration

Affidavit vs Statutory Declaration

Legal documents like affidavits and statutory declarations are frequently required for various needs, such as providing address proof when moving to a new location. Both types of documents are similar in nature, serving to confirm the facts contained within them, and are signed by a legal authority (such as a public notary or an attorney). However, people often find it difficult to differentiate between the two. This article will attempt to clarify the features of each document to help individuals determine which legal document is required in specific circumstances.

An affidavit is a written statement containing facts that the declarant believes to be correct, and it is used as evidence in a court of law. It is akin to an oath and is certified by a legal authority such as a public notary. When preparing an affidavit, the declarant writes down points in paragraph form to make it clear, then signs it, attesting to the facts contained therein. Finally, it is signed and stamped by a witness, such as a public notary, making the document legal to be produced as evidence in a court of law.

In some commonwealth countries, another legal document called a statutory declaration is used. This is essentially an oath by the declarant verifying or confirming the facts contained within to be true. The declarant must swear to the document in front of a legal authority like an attorney. Statutory declarations are commonly used to confirm facts in various matters where a person may not have other evidence, such as proving their identity, nationality, or marital status.

Key Takeaways

  • An affidavit is used as evidence in a court of law, whereas a statutory declaration can be used in all other circumstances.
  • Affidavits are attested by a public notary, while statutory declarations are verified by an attorney.
  • Affidavits are like sworn statements, whereas statutory declarations are more like statements of fact that are affirmed by the declarant.
Gil Tillard
Gil Tillard
Gil Tillard is an accomplished writer with expertise in creating engaging articles and content across various platforms. His dedication to research and crafting high-quality content has led to over 5 years of professional writing and editing experience. In his personal life, Gil enjoys connecting with people from diverse backgrounds and cultures. His curiosity and eagerness to learn from others fuel his passion for communication. He believes that engaging with strangers can be both enlightening and enjoyable, making it easier to strike up conversations and expand one's horizons.


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