Legal documents play a key role in making sure things are done properly and fairly. From statutory declarations to oaths, each has a specific purpose, whether that is proving a fact, confirming someone’s identity, or making a sworn statement. This article breaks down what these documents are for and when you might need to use them.
Statutory Declarations
A statutory declaration is a type of formal legal document that is mostly used to satisfy legal requirements when there is no direct access to the evidence needed to confirm that something is true at a specific moment.
They can also be used to help provide evidence in legal proceedings, such as court, or where the validation of a fact is needed urgently. They are commonly used to prove nationality, marriage status and identity in the United Kingdom.
A statutory declaration is written up and checked by a solicitor or in the presence of one. It is then signed under the watch of said solicitor, or another authorised professional, such as the notary public. Essentially, the client is declaring that the statement in the decalaration is true, and this declaration is witnessed by the solicitor.
To make a statutory declaration, you can fill out a statutory declaration form on a relevant government website, or you may be given the declaration by the solicitor or regulatory body you are dealing with. Once completed, a solicitor, commissioner for oaths, or notary public must oversee the signing, and you must swear that you will not misuse the statutory declaration.
Certifications
A contract or document is certified when it has been approved and reviewed by a legally qualified individual or professional.
Most commonly, certifications are where a solicitor confirms that they have seen the identity document of the individual and that the copy they have made is a true copy of the original.
Affidavits
An affidavit is a sworn statement made under an oath. This is voluntarily done and is a written statement where the person signing verifies whether or not the document is true.
As this is a legally binding statement, once it is sworn on, the declaration of the person’s oath cannot be disproven. This means that it indicates that all the contents are true, no matter when it was written.
An affidavit requires a jurat, which is a notarial certificate, confirming that the contents of the document are true. It sits at the bottom of the affidavit and shows where, when, and by whom the oath was sworn.
An affidavit is useful in many situations, such as when someone wants to legitimise a claim, when a witness is unable to attend a court proceeding, and to confirm residential addresses. It is mostly used in court as a way to present sworn facts and written accounts of details surrounding a case.
Oaths
An oath is a formal declaration taken by anybody who speaks in a court hearing, swearing to “tell the truth, the whole truth, and nothing but the truth”.
This acts as a secure way of holding witnesses accountable for what they say, which deters them from lying. This also means that when under oath, this person can receive legal punishment if they violate it.
Whether you’re signing a statutory declaration, getting something certified, or swearing an oath in court, each step helps make sure everything’s clear, official, and above board. Knowing what’s what can save time, stress, and confusion when it matters most.
