Affidavit or statutory declaration

What is an affidavit or declaration? An affidavit is a written statement of facts that the person making has sworn to be the truth. In order to be legally usable, an affidavit must be sworn by the person making the statement in front of an individual with legal authorization to administer an oath.

In other words, when you sign an affidavit , you’re simply attesting, under law, that you swear a statement written in the affidavit is true. In general, the information presented in a statutory declaration and affidavit are the same. Both a declaration and affidavit should be drafted with factual information. A statutory declaration , however, is typically used outside of a court setting.

Each document should list items that the affiant or declarant states to be true. You can use either document to create a statement of facts. However, a Statutory Declaration is typically used for verifying personal information in non-court legal settings. The procedure of executing a statutory declaration is dictated by custom, which is based on administering an oath or affirmation.

The Canada Evidence Act provides for the form of a Statutory Declaration as follows: Statutory Declarations. Solemn declaration. Any judge, notary public, justice of the peace, provincial. We all are aware of the importance of legal documents like affidavit and statutory declarations as we need them frequently for various needs. Affidavit vs Statutory Declaration.

Both statutory declarations and affidavits are very similar. You may need an affidavit during divorce proceedings, property disputes or cases of debt. For example, proof of death to be used for land transfer when one of the grantor dies. These types of declarations are made subject to the provisions of certain legislation. Generally, a statutory declaration has the same force of effect as if made under oath.

The actual content of each should be written in the same way no matter whether the document is an affidavit , witness statement or statutory declaration. It tells examiners about what a Statutory Declaration is, when it is used (both in the UK and overseas) and who has the legal power to authenticate a Statutory Decleration. Published February.

In certain circumstances and on certain other types of documents, a statutory declaration must be used instead to verify the contents. This practice note looks at what is involved in preparing the relevant documents and administering oaths, affirmations and statutory declarations. This statement of fact is recorded in a written document and signed by both the person making the statement and the solicitor witnessing the process.

They are very similar to affidavits and the two terms are often used by overseas authorities requesting you make a sworn. Knowingly making a false affidavit is a contempt of court. The “ statutory ” part means that the declaration is one made under a law passed by a Parliament (ie a statute).

Because of the federal nature of Australia’s political system there are different forms of statutory declarations for each. We are very happy to try to assist in having oaths sworn, statutory declarations declared and on occasions will assist with certifying documents. Here are some guidelines to help you understand what we can and cannot do. Part III) which might lawfully be administered or taken by a commissioner for oaths appointed under Part II.

Complete affidavit or affirmation (written statement of facts) stating that you’re free to marry.