Formal Statutory Declarations (UK)

Statutory declarations are an important legal document, often used to provide evidence in court, during legal proceedings and other situations where proof of a fact is required. A legally binding document signed and witnessed by a qualified lawyer or other professional, its signatory is making a statement that is true and correct to their knowledge, with legal penalties for any false declarations.

This powerful tool can be used in a variety of circumstances; from providing evidence of identity, swearing an oath or making a formal statement in relation to contracts or agreements, to providing proof of facts in legal disputes. As prescribed by the Oaths Act of 1868 (UK), there are strict requirements for making these declarations - something which I as an experienced lawyer understand fully when advising my clients on them.

I always ensure that they understand the implications and potential consequences of making such statements: not only the possible criminal penalties if found false, but also the great power that this form carries - it can be used both as evidence in court and to swear an oath - and must therefore be taken seriously. This means adhering strictly to all relevant laws when completing them; ensuring both signatory & witness are aware of what they mean; and assuring accuracy & care when filling it out.

Statutory declarations are invaluable tools which should always be treated with due respect. Here at Genie AI we provide free statutory declaration templates so users can generate high-quality documents quickly and easily without having to pay for expensive advice from a lawyer - giving everyone access to powerful legal protection with no hassle whatsoever! So if you’re looking for guidance on how best you can make your own declaration or access our template library today then read on below!

Definitions

Statutory Declaration: A sworn statement made in writing, in the presence of an authorised person, that the contents of the statement are true.
Perjury: Falsely declaring something in a sworn statement. Punishable by a fine or jail time.
Unambiguous: Clear and without any doubt or confusion.
First Person: Refers to the speaker or writer in a sentence, usually indicated by the use of pronouns such as “I”, “me”, “my”, etc.
Signature Line: A line on a document which allows the person signing it to write their name.
Witness: A person who is present when a document is signed and can vouch for the authenticity of the signature.
Format: The way in which something is arranged or presented.
Full Name: The first name, middle name, and last name of a person.
Valid Form of Identification: A document that can be used to prove the identity of a person.
Related: Connected to or associated with something.
Authorised: Given permission or approval to do something.
Court: A place of law where disputes are heard and judgments are made.
Solicitor: A lawyer who provides legal advice and services to clients.
Amend: To make a change or alteration to something.
Revoke: To cancel or take back something.
Relevant: Connected to or related to something.
Government Authorities: An organisation with the power to make and enforce laws.
Locked Filing Cabinet: A filing cabinet that can be securely locked to protect the documents inside it.
External Hard Drive: A device used to store data on a computer, usually removable for ease of use.
Cloud Storage: A type of data storage that stores information on remote servers in the cloud.
Verify: To confirm the truth or accuracy of something.
Authenticity: The state or quality of being genuine or real.

Contents

1. Explain what a statutory declaration is, including the potential legal ramifications of making a false declaration
2. Provide guidance on the correct legal format and language for making a statutory declaration
3. Explain what type of language should be used in the declaration
4. Outline the required formatting of the declaration
5. Explain who must sign the statutory declaration, including who can witness the signature
6. Explain who must sign the statutory declaration
7. Explain who can witness the signature
8. Outline the process for making the statutory declaration, including where it should be made
9. Explain where the declaration should be made
10. Explain what steps should be taken to make the declaration
11. Explain what documents need to be included with the statutory declaration
12. Explain what documents are required to be included with the declaration
13. Outline the process for obtaining any required documents
14. Provide advice on how to store the statutory declaration
15. Explain the best way to store the declaration for future reference
16. Outline the best methods for ensuring the declaration’s security
17. Give guidance on how to amend or revoke a statutory declaration
18. Explain what steps must be taken to amend or revoke a declaration
19. Outline any additional documents that may need to be provided if the declaration is amended or revoked
20. Explain what to do if a statutory declaration is rejected
21. Outline the process for resubmitting a rejected declaration
22. Explain what steps should be taken if the declaration is rejected again
23. Provide guidance on the process for obtaining a copy of the statutory declaration
24. Explain what steps must be taken to obtain a copy of the declaration
25. Outline any additional documents that may need to be provided to obtain a copy of the declaration
26. Explain the process for verifying the authenticity of a statutory declaration
27. Outline the process for verifying the authenticity of the declaration
28. Explain how to obtain verification from an authorised party

Get started

Explain what a statutory declaration is, including the potential legal ramifications of making a false declaration

• A statutory declaration is a written statement declared to be true in the presence of an authorised witness.
• When making a statutory declaration, you are declaring that the contents of the statement are true and correct to the best of your knowledge and belief.
• False declarations are punishable by law and can carry a penalty of up to two years in prison and/or an unlimited fine.

You’ll know you’ve completed this step when you understand the definition of a statutory declaration and the legal ramifications of making a false declaration.

Provide guidance on the correct legal format and language for making a statutory declaration

• Check the Statutory Declarations Act 1835 for the exact format and language that must be used in the declaration
• Include the following information in your statutory declaration:
• Your name and address
• Date of declaration
• A statement of truth, for example “I [name] of [address] declare that the following is true”
• A statement of fact
• Your signature
• Use plain language and avoid legal jargon
• Make sure the statement of fact is clear, precise and accurate
• Make sure all facts are verifiable, and you have sufficient evidence to back them up
• Be sure to sign the declaration in front of a witness
• Once the declaration has been signed and witnessed, you can check this step off your list and move on to the next step.

Explain what type of language should be used in the declaration

• Use clear, concise and accurate language
• State the facts in a simple way, without exaggeration
• Keep to the facts and don’t express opinions
• Use the present tense when describing events
• Use formal language and avoid contractions
• Sign and date the declaration
• When you have done this, you can move onto the next step – Outline the required formatting of the declaration.

Outline the required formatting of the declaration

• Statutory declarations must be written in full sentences, in the first person and in the present tense
• All statutory declarations must include a statement that the signatory believes the facts stated are true
• The signatory must include their full name and address on the statutory declaration
• The signatory must include the date the statutory declaration was made
• The signatory must sign the statutory declaration in the presence of a witness
• The witness must also sign the statutory declaration and must include their full name, address and occupation
• The witness must be independent and impartial and not be in any way related to the signatory
• The witness must be aged 18 or over and must be authorised to take statutory declarations under the Statutory Declarations Act 1835

You will know when you can check this off your list and move on to the next step when you have completed the above bullet points and have a properly formatted statutory declaration.

Explain who must sign the statutory declaration, including who can witness the signature

• The person making the statement (the declarant) must personally sign the declaration in the presence of an independent witness
• The witness must be a person who is authorised to witness statutory declarations in the UK, such as a solicitor, notary, justice of the peace, or a person with relevant professional qualifications
• The witness must also add their name, address and occupation to the declaration
• The witness must be present when the declarant signs the statutory declaration and must sign it in the presence of the declarant
• Once the witness has signed, the statutory declaration is complete and ready to be submitted
• You can check this step off your list and move on to the next step of explaining who must sign the statutory declaration.

Explain who must sign the statutory declaration

• The person making the declaration must sign it in the presence of an independent witness
• The witness must be aged 18 or over, and must not be a party to the declaration
• The witness must be independent of the declaration, meaning they are not related to the declarant, and they have no direct interest in the outcome of the declaration
• The witness must be able to identify the person making the declaration, such as by providing valid photo identification
• When all of the above criteria have been met, the witness can sign the statutory declaration as confirmation of the identity of the person making the declaration.

Once you have ensured that the person making the declaration has signed it in the presence of an independent witness and the witness has identified the person making the declaration, you can check this step off your list and move on to the next step, which is to explain who can witness the signature.

Explain who can witness the signature

• In England and Wales, a statutory declaration must be witnessed by an individual who is authorised to do so, such as a solicitor, commissioner for oaths, or justice of the peace.
• In Scotland, a statutory declaration must be witnessed by an individual who is authorised to do so, such as a solicitor, notary public, or commissioner for oaths.
• In Northern Ireland, a statutory declaration must be witnessed by an individual who is authorised to do so, such as a solicitor, commissioner for oaths, or commissioner for affidavits.

Once you have identified who can witness the signature, you can move onto the next step of outlining the process for making the statutory declaration, including where it should be made.

Outline the process for making the statutory declaration, including where it should be made

• Make sure you have all necessary documents with you before you go
• Make the statutory declaration at a court, solicitor’s office, or other venue approved by the court
• Take the documents to the court or solicitor and have them witnessed by a qualified witness
• The witness must be over 18 years old and not related to you, and they must have a good understanding of English
• Make sure you and your witness sign the statutory declaration in front of each other
• Ensure that you keep a copy of the signed and witnessed document for your records

Explain where the declaration should be made

• A formal statutory declaration must be made in front of a person authorised to take declarations, such as a solicitor, lawyer, or a Commissioner for Oaths.
• You can find a solicitor or lawyer in your local area by searching online or by asking for a referral from a friend or family member.
• A Commissioner for Oaths is usually available at your local court or council offices.
• Once you have found a suitable person to take your declaration, you will need to make an appointment with them.
• Check off this step when you have made an appointment with a suitable person who is authorised to take your declaration.

Explain what steps should be taken to make the declaration

• Draft the statutory declaration in accordance with the requirements set out in the Statutory Declarations Act 1835.
• Sign the declaration in front of a qualified witness.
• Give your witness your full name, address, and occupation.
• Ask your witness to sign the declaration and print their name, address, and occupation.
• Ask your witness to provide a statement of truth.
• Make a copy of the declaration for your records and sign the copy.
• When the declaration is complete, you can check this off your list and move on to the next step.

Explain what documents need to be included with the statutory declaration

• A copy of the document that is the subject of the statutory declaration
• A signed statement to the effect that you believe the document to be true
• A signed witness statement confirming that you made the declaration in their presence and that they saw you sign it
• The witness must also provide their name, address, occupation and signature

Once you have included the above documents with your statutory declaration, you can move on to the next step which is to explain what steps should be taken to make the declaration.

Explain what documents are required to be included with the declaration

• Statutory declaration form - This is the main document that needs to be filled out and signed.
• Evidence of identity - This must be provided in the form of a valid passport, driving licence, or birth certificate.
• Any other documents required - This includes any additional documents or evidence needed to support the statement made in the statutory declaration.
• Witness statement - A witness statement is required to certify that the person making the declaration has signed the form.

Once you have all of these documents, you can move on to the next step.

Outline the process for obtaining any required documents

• Identify the appropriate documents required for the statutory declaration. These may include documents such as birth certificates, passports, marriage certificates, etc.
• Contact the applicable authority to request the documents. Depending on the document, this may be a local council, registrar of births, marriages and deaths, or a passport office.
• Make sure to check what information and evidence you need to provide to obtain the documents.
• Submit the necessary information and evidence.
• If the documents are not immediately available, contact the applicable authority to check the status of the application.
• Once the documents have been obtained, check them against the information provided in the statutory declaration.
• When you have all of the documents, you can check this step off your list and move on to the next step.

Provide advice on how to store the statutory declaration

• Make sure to store the statutory declaration in a safe place that you can easily access and reference if needed in the future.
• You should keep it in a file or folder that is labeled clearly and kept in a secure location.
• Consider making a digital copy of the declaration and storing it on a secure cloud-based platform or in an external storage device.
• Once you have safely stored the statutory declaration, you can check this step off your list and move on to the next step.

Explain the best way to store the declaration for future reference

• Store the signed declaration in a secure location, such as a fireproof safe or filing cabinet.
• Make sure the storage location is secure and inaccessible to any other people.
• Consider making backup copies of the signed declaration for safekeeping.
• Once the declaration is safely stored, this step can be checked off your list and you can move onto the next step of outlining the best methods for ensuring the declaration’s security.

Outline the best methods for ensuring the declaration’s security

• Ensure that the signed declaration is kept in a secure, easily accessible place.
• A safe, locked filing cabinet is ideal.
• Digital copies of the declarations should be kept in password-protected folders on a secure computer or storage device.
• Access to the folder should be limited to only those who need it.
• Create backups of the declarations in case the originals are lost, damaged, or stolen.
• When the declarations are no longer needed, securely destroy them.
• Check off this step when you are confident that the declarations are securely stored.

Give guidance on how to amend or revoke a statutory declaration

• If a statutory declaration needs to be amended or revoked, the declarant must make a new statutory declaration that states the changes that need to be made
• The new declaration must be dated and signed in the same manner as the original declaration
• The new declaration must be attested by a witness in the same manner as the original declaration
• Once the new declaration is complete, it should be filed with the original document
• Once the new declaration is filed, the old declaration is no longer valid
• You can check off this step when the new declaration is complete and filed with the original document.

Explain what steps must be taken to amend or revoke a declaration

• If you need to amend or revoke a statutory declaration, you must do so in writing.
• You must include the original declaration, and the amended or revoked declaration.
• You must sign and date both the original and amended declarations.
• The amended or revoked declaration must be witnessed and signed by a qualified witness.
• You should keep a copy of the amended or revoked declaration for your records.
• Once you have completed all of the steps above, you have successfully amended or revoked your declaration.

Outline any additional documents that may need to be provided if the declaration is amended or revoked

• When amending a declaration, an amended version of the declaration must be completed, signed and dated.
• When revoking a declaration, a statement confirming revocation must be completed, signed and dated.
• A new witness must be present for any amendment or revocation.
• Any additional documents that are required to support the amendment or revocation must be provided.
• When all documents have been provided, you can check this off your list and move on to the next step.

Explain what to do if a statutory declaration is rejected

• If your statutory declaration is rejected, you should review it to ensure that all the information is correct and that all the required documents are included.
• If the declaration is amended or revoked, you may need to provide additional documents or information.
• If the declaration is rejected, you should contact the relevant court, tribunal or authority to find out their procedure for resubmitting a declaration.
• You should ensure that you follow the procedure exactly as outlined by the court, tribunal or authority to ensure that your declaration is accepted.
• Once you have completed the resubmission process, you can then check this step off your list and move on to the next step.

Outline the process for resubmitting a rejected declaration

• Contact the court or tribunal that rejected the statutory declaration and ask why it was rejected
• Review the reason for the rejection and make any necessary changes to the statutory declaration
• Make sure that the signature and date of the statutory declaration are correct and accurate
• Resubmit the amended statutory declaration to the court or tribunal
• Wait for a response or contact the court or tribunal to check if the statutory declaration has been accepted
• Once the amended statutory declaration has been accepted, check it off your list and move on to the next step (Explain what steps should be taken if the declaration is rejected again).

Explain what steps should be taken if the declaration is rejected again

• If your declaration is rejected again, you must check the form and make sure it is completed correctly and all necessary documents are present.
• You can also contact the relevant organisation to ask for guidance on what needs to be included in the declaration.
• Once you have double-checked the form and have all the required information, you can resubmit the declaration.
• Once you have submitted the declaration, you should wait for a response from the relevant organisation.
• If the declaration is rejected for a third time, you can contact the relevant organisation for further guidance.

Provide guidance on the process for obtaining a copy of the statutory declaration

• Contact the relevant court in the UK and request a copy of the statutory declaration.
• You will need to provide the court with the details of the case and the name of the individual or organisation that made the declaration.
• You will typically be required to pay a fee for obtaining a copy of the declaration.
• Once you have paid the fee, the court will provide you with a copy of the declaration.
• You will know that you have completed this step when you have received the copy of the declaration.

Explain what steps must be taken to obtain a copy of the declaration

• Fill out the statutory declaration form, making sure to print, sign, and date it in the presence of a witness.
• The witness must then sign the form, print their name, and provide their occupation and address.
• Submit the completed form to the appropriate authority. This may be a court, a government department, or a solicitor.
• Wait for the authority to process the declaration and issue a copy.
• Check that the copy of the declaration has been properly endorsed in ink and is dated.
• You will know that you have completed this step when you have obtained a copy of the declaration.

Outline any additional documents that may need to be provided to obtain a copy of the declaration

• Obtain a certified copy of the document, if applicable
• If the document was issued outside of the UK, you may need to provide additional documentation to prove that the issuing country is a signatory to the Hague Convention
• Provide a valid form of identification, such as a passport or driving licence, when requesting a copy of the declaration
• Provide proof of address such as a recent utility bill if requested
• If the document was signed in a different country, you may need to provide a certified translation of the document.

Explain the process for verifying the authenticity of a statutory declaration

• Contact the court or tribunal in which the declaration was made to verify its authenticity - you can do this by calling, emailing or writing to the court in question.
• Ask for the court or tribunal’s contact details, and the details of the person who signed the declaration.
• Once you have the contact details, provide the court or tribunal with the full name and address of the person who signed the declaration, as well as the date of the declaration.
• The court or tribunal will then contact the individual who signed the declaration and confirm the authenticity of the document.
• Once the court or tribunal has verified the authenticity of the declaration, they will provide written confirmation to you confirming the authenticity of the declaration.
• Upon receiving this written confirmation, you can check this off your list and move on to the next step.

Outline the process for verifying the authenticity of the declaration

• If you are making a formal statutory declaration, you should make sure that it is verified by a person authorised to do so.
• An authorised person can be a solicitor, a Commissioner for Oaths, or a Notary Public.
• The authorised person will need to see the original document and confirm that you have made the statutory declaration.
• They will also need to sign the document and provide their name, address, and contact details.
• The authorised person may also need to provide their professional qualifications, depending on the type of declaration being made.
• When the authorised person has signed the document, it can be used as evidence in a court of law.
• Once you have obtained verification from an authorised person, you can check this step off your list and move on to the next step.

Explain how to obtain verification from an authorised party

• Visit the local court or a local solicitor in order to get your declaration witnessed.
• Provide the authorised person with your declaration and the required identification documents.
• Depending on the type of identification documents required, you may need to provide a birth certificate, passport, driving licence, or other government-issued form of identification.
• The authorised person will then witness your declaration and sign the document.
• Once the authorised person has signed and witnessed your document, you can check this step off your list and move on to the next step.

FAQ

Q: What is the difference between a Formal Statutory Declaration in the UK and other jurisdictions?

Asked by George on June 21st 2022.
A: A Formal Statutory Declaration in the UK is a legally binding declaration made by an individual. It is typically used to confirm or state a fact or situation that is true to the best of their knowledge and belief. This declaration can be used for a variety of purposes, such as verifying a person’s identity, confirming their address, or providing evidence of certain matters. The declaration must be signed in front of an authorised witness, such as a lawyer or commissioner for oaths. In contrast, other jurisdictions may have different requirements for statutory declarations. For example, in the USA, statutory declarations are not legally binding documents and are instead used to provide evidence of facts, while in the European Union they are known as ‘Declarations Upon Honour’ and must be signed by an authorised person such as a lawyer or public officer.

Q: When should I use a Formal Statutory Declaration?

Asked by Mary on August 4th 2022.
A: A Formal Statutory Declaration should be used when you need to provide evidence of certain matters to third parties, such as banks, financial institutions, employers and other organisations. It can also be used to provide evidence of identity or address for legal purposes, such as applying for visas or permits. The declaration must be signed in front of an authorised witness, such as a lawyer or commissioner for oaths.

Q: How can I prepare for making a Formal Statutory Declaration?

Asked by Lucas on January 15th 2022.
A: It is important to ensure that you are well prepared before making your Formal Statutory Declaration. You should familiarise yourself with the requirements of the particular jurisdiction in which you will be making the declaration and make sure that you are aware of any applicable laws that may affect it. You should also gather all necessary documents and information that you may need to make your declaration, such as evidence of identity or address. Finally, it is important to ensure that you have an authorised witness present when signing your declaration so that it can be legally binding.

Q: What documents do I need to make a Formal Statutory Declaration?

Asked by Emma on March 28th 2022.
A: Depending on the purpose of your Formal Statutory Declaration and the jurisdiction in which you are making it, you may need to provide various documents when signing your declaration. These may include documents such as identification papers (such as passport or driving licence), evidence of address (such as bank statement or utility bill), and other relevant documents relating to the purpose of your declaration (such as marriage certificate). It is important to ensure that all required documents are present when signing your declaration in order for it to be legally binding.

Q: What should I include in my Formal Statutory Declaration?

Asked by David on October 14th 2022.
A: When preparing your Formal Statutory Declaration, it is important to include all relevant information related to the matter at hand. This may include personal details such as name, address and date of birth; details of any applicable laws; facts about the matter you are declaring; any supporting evidence; and any other relevant information that may be helpful in verifying your statement. It is also important to make sure that all information provided is accurate and correct so that your declaration can be accepted by third parties or organisations that require it.

Q: Who can witness my Formal Statutory Declaration?

Asked by Elizabeth on November 30th 2022.
A: In order for a Formal Statutory Declaration to be legally binding in the UK, it must be signed before an authorised witness who is able to verify your identity and attest to the truthfulness of your statement. These witnesses may include members of certain professions such as lawyers, solicitors, notaries public and commissioners for oaths who have been authorised by law; senior officials from certain organisations such as banks; and other professionals who have been approved by HM Courts & Tribunals Service (HMCTS). It is important to ensure that any witness chosen meets these criteria so that your declaration can be accepted by third parties or organisations requiring it.

Q: What happens if I make false statements in my Formal Statutory Declaration?

Asked by William on April 1st 2022.
A: Making false statements in a Formal Statutory Declaration can result in serious legal consequences including criminal prosecution under UK law. Under UK law, it is illegal to knowingly make false statements when signing a statutory declaration or give false information about another person’s identity or address when signing one on their behalf. If convicted of making false statements in a statutory declaration you could face up to two years’ imprisonment or an unlimited fine depending on the nature of the offence committed. Therefore, it is important to ensure all information included in your statutory declaration is correct and accurate so that you do not face any legal repercussions when submitting it for verification or use by third parties or organisations requiring it.

Q: How can I get my Formal Statutory Declaration verified?

Asked by Noah on July 8th 2022.
A: Depending on where you are located within the UK there are various options available for verifying your Formal Statutory Declaration once it has been signed before an authorised witness. If you are located near an HM Courts & Tribunals Service office then you can submit your signed declaration along with valid ID documents at one of these offices where they will verify it free-of-charge; alternatively if you cannot visit one of these offices then they will accept scanned copies via email provided they include valid ID documents with them. Other options available include using online services offering verification services with fees charged depending on whether they are able to verify through their own networks or must utilise HMCTS services for verification; some organisations may also offer their own internal services for verifying declarations if required for certain purposes related to their organisation’s activities or services provided by them (such as banks).

Q: What other formal declarations exist besides Formal Statutory Declarations?

Asked by Isabella on December 7th 2022.
A: In addition to Formal Statutory Declarations, there are various other types of formal declarations which exist depending on where they are being used and what they are being used for - these may include Affidavits (used primarily within legal proceedings), Declarations Upon Honour (used within EU jurisdictions), Sworn Declarations (used within US jurisdictions) and Oath Declarations (used within some Commonwealth countries). Each type has its own requirements regarding content and signing process which must be followed if they are intended to be legally binding - further information regarding these different types is available from various sources including government websites providing detailed information about what each type entails and how they differ from one another depending on jurisdiction requirements.

Q: Is there a maximum age limit for making a Formal Statutory Declaration?

Asked by Jacob on September 16th 2022.
A: Generally speaking there is no age limit pertaining specifically to making a Formal Statutory Declaration - whilst some jurisdictions may have specific rules regarding minors making declarations under their laws (for example requiring adult witnesses in some cases) this does not apply generally across all jurisdictions where declarations may be validly made so long as all relevant requirements are met including having an authorised witness present when signing them (such as lawyers or commissioners for oaths). It should also be noted that certain organisations may have additional requirements relating specifically to age when submitting statutory declarations depending on what purpose those declarations will serve - further information regarding this should always be sought from those organisations prior to submitting any declarations if applicable so as not to risk having them rejected due to non-compliance with their internal requirements regarding age limits etc relating solely to those organisations’ activities/services provided by them rather than general requirements pertaining across all jurisdictions where valid declarations can be made regardless of age limits etc imposed upon them by specific organisations only .

Example dispute

Potential Lawsuit referencing a Statutory Declaration

• A plaintiff may raise a lawsuit referencing a statutory declaration in order to prove that a defendant has violated a particular law or statute.
• The plaintiff must provide evidence in the form of a sworn statement that the defendant has committed the alleged violation.
• The plaintiff must also provide evidence that the defendant was aware of the violation and that it was intentional.
• The court will then consider the evidence and determine if the defendant is liable for damages.
• The plaintiff must demonstrate how the violation caused harm to them and how much the damages are worth.
• The plaintiff may also seek an injunction to prevent the defendant from continuing to violate the law or statute.
• The court may also award the plaintiff monetary damages if the violation was found to be intentional.
• The amount of the damages awarded will depend on the extent of the harm caused by the violation and other factors.
• In some cases, the court may also order the defendant to pay the plaintiff’s legal fees if the case is successful.

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