Statutory Declaration Documents

A Statutory Declaration is a statement made and executed before a Notary Public or Commissioner for Oaths. The contents of the declaration are sworn and affirmed to be true by the signatory.

A Statutory Declaration can be used something required by law is needed but no other evidence can be provided. Examples include declarations of marital status, ownership of property, identity, change of names, or confirmation of nationality.

The person who hears the declaration does not have to ascertain whether the contents are true or not. This is done by the party signing the declaration. If the contents are untrue but the document is still executed, the person signing the document will be deemed to be breaking the law as set out the in the Statutory Declarations Act 1835.

According to the schedule to the Statutory Declarations Act 1835 the prescribed form for the declaration is as follows:

"I (full name), do solemnly and sincerely declare that the contents of this declaration are true. And I make this declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835."

If a Statutory Declaration is to be used abroad, the declaration will need to be made and executed before a Notary Public, who will also sign the document and emboss their seal of office on the document. If the declaration is to be used in the UK, then it can be executed before a Commissioner for Oaths.