A statutory declaration is a legal document which is a written declaration of fact, signed in the presence of a lawyer. Signatory can also be witnessed by a notary of the public, a justice of the peace or a commissioner for oath.
Statement of truth
It is often used when an individual needs to meet a legal requirement by affirming the truth of something under oath or sworn affidavit; examples are a change of name, nationality or marital status or declaring the quality of goods before export, declaration of solvency, or originality of an item pending application for patent.
An oath is usually made verbally in court: an individual will be asked to give an oath or affirmation before giving evidence.
An affidavit is usually made when signing a written statement: a witness statement during court proceedings.
A statutory declaration needs to be truthful and accurate. Therefore, in order for it to be valid it cannot be certified by a solicitor acting for you, on the grounds of it then not being impartial; you will usually be sent to another solicitor to act as a witness
The solicitor should inform you of your duty to tell the truth when signing the statutory declaration. If you make a false statement which you know at the time to be untrue, you could be given a prison sentence or heavy fine.
At Garrett-Long we are fully knowledgeable in this legal procedure and can help you obtain a valid statutory declaration under oath.