Statutory Declaration meaning – Online Guide for UK

A Statutory Declaration (also known as a Stat Dec) is a legal document and written statement confirming that something is true. 

People usually make them when there is no other evidence available. 

To make a Stat Dec, you must follow a prescribed format as governed by the Statutory Declarations Act 1835 (the Act).   

This is our guide to Stat Decs which explains how they are used,  provides a template and tells you how you can get yours officially signed.  If you want a template, scroll down a bit further. 

The law requires that a Stat Dec must be signed in the presence of an authorised person: 

• Notary 
• Solicitor/Commissioner for oaths
• Justice of the Peace
• A Major in the British Army
• Lieutenant-Commander of the Royal Navy
• Squadron Leader of the Royal Air Force 
• UK Diplomatic officers when outside Scotland, England and Wales or NI. 

Definition and Purpose

What do you write in a statutory declaration?

The Statutory Declarations Act 1835 mandates the use of certain wording.  

Here are the words you need to use:

“I [name of person making the declaration] of [insert your address] do solemnly and sincerely declare that: 

[Set out here the facts you are declaring]

and I make this solemn declaration conscientiously believing the same to be true, by virtue of the provisions of the Statutory Declarations Act 1835″

It is crucial that the person making the declaration is properly identified to validate this signature.   This is done by presenting government issued photographic ID and proof of address such as a driving licence or utility bill.

So there we have it.   The two pieces of writing in bold transform a normal document into a Statutory Declaration.

Your Declaration should look something like this: 

Statutory Declaration Template

STATUTORY DECLARATION

 I JOSEPH BLOGGS of 1 Any Street Anytown England AN1 4PY, do solemnly and sincerely declare that:

1. My name is JOSEPH ANDREW BLOGGS and I was born on 1 January 2000.
2. I am also known as JOE BLOGGS
3. I am the same person as the JOE BLOGGS mentioned on my degree certificate issued on 30 June 2020 from the University of Oxford. A true copy of which is exhibited hereto.

  And I make this solemn declaration conscientiously believing the same to be true, by virtue with the Statutory Declarations Act 1835

  DECLARED by JOSEPH ANDREW BLOGGS (otherwise known as JOE BLOGGS)

  At London on 25 December 2023

  BEFORE ME

  A commissioner for oaths/solicitor/a notary public/a person authorised to administer oaths.

Types of Statutory Declarations

There are several types of Stat decs, each serving a specific purpose. Some of the most common types include:

• Statutory Declarations for Single Status: These are used to confirm that an individual is not married or in a civil partnership, often required when planning to marry abroad.
• Statutory Declarations for Change of Name: These declarations confirm that an individual has legally changed their name.
• Statutory Declarations for Gender Recognition: As part of the application process for a Gender Recognition Certificate, individuals may need to make a statutory declaration to confirm their gender identity.

Each type of statutory declaration has its own specific requirements, but all serve the purpose of providing a formal and legally binding statement of fact.

Statutory Declaration vs Affidavit

While a statutory declaration and an affidavit may seem similar, they serve different purposes and are used in different contexts.

An affidavit is a sworn statement made under oath, typically used in court proceedings.

It requires the person making the statement to swear before a legal authority that the contents are true.

On the other hand, a statutory declaration is a written statement made under the Statutory Declarations Act 1835.

It is not necessarily made under oath but must be witnessed by an authorised person. Both documents are legally binding, but their uses and the processes for making them differ.

Using a Statutory Declaration Abroad

When a statutory declaration is to be used abroad, additional steps may be required to ensure its validity.

One common requirement is getting it notarised and potentially obtaining an apostille.  Check out our Notary guide.   You may also need an Apostille which is a certificate that authenticates the signature of a public official on the document. 

These steps ensure that the statutory declaration is recognised and accepted in foreign jurisdictions.

The best way to find out?   Ask the person who has requested you sign the document. 

Apostille or Legalisation?

For statutory declarations to be used in countries not party to the Hague Convention, legalisation may be required.

This process involves obtaining a stamp from the country’s Consulate, confirming that the document is genuine and properly executed.

The requirements for apostille or legalisation can vary depending on the country, so it is advisable to seek  advice from the person you are dealing with. Check out our Legalisation Office guide. 

Stat Dec FAQs

What is a Statutory Declaration used for? 

Stat Decs can help resolve a number of legal matters. Here are the most common:

• Proof of single status or no impediment to marrying (often needed when you are marrying overseas) 
• Declare your single status when getting married abroad.
• Applying for a Gender Recognition Certificate (see https://www.gov.uk/government/publications/gender-recognition-certificate-statutory-declarations-for-applicants) 
• Applying for an Overseas Citizen of India (OCI) Card. E.g. Applying for a spouse, or if your name has changed. (See: https://services.vfsglobal.com/one-pager/india/united-states-of-america/oci-services/pdf/sworn-affidavit.pdf) 
• Providing evidence when certain documents are not available. E.g. declaring that a copy of a document is the true copy of the original. 
• Providing evidence in property matters. E.g. declaring that a person had rights of access or rights of way. 
• Discrepancy in Names. E.g. the name in your degree certificate is different from the name on your passport or birth certificate.) 
• Statutory declaration name change – you can use a Stat Dec to change your name. 
• Penalty Charge Notices – setting out information in challenging PCNs
• DPS Statutory Declaration Form in relation to protected deposits. (See: https://www.depositprotection.com/repayments/statutory-declaration-process-tenants)
• Contracting out of the Landlord and Tenant Act 1954
• Insolvency proceedings, including members’ voluntary liquidation and out-of-court appointments of administrators. 

How Do You get a Stat Dec?

• Draft your own using sample of a Statutory Declaration above – it’s that simple !
• Download it – many government departments/private organisations have prescribed processes and prescribed forms that you can download. 
• Get a lawyer to do it for you
• Find a solicitor or give us a call on +442074992605

If you need a Stat Dec, we can draft it for you. Just send us an email outlining what you need to declare. 

Requirements for a Statutory Declaration

• Compliance with prescribed wording
• Signing in presence of an authorised witness
• Identification requirements (photographic ID and proof of address)
• Witness’s signature and details
• The person administrating the stat dec must be physically present with the person making the declaration.

Does a Statutory Declaration need to be stamped?

No, there is no need to stamp the stat dec.   The person administering the stat dec should print their name and contact details.   Most practitioners will stamp the document to provide these details. 

Can a Stat dec be made online using video conferencing? 

No, current laws do not allow individuals to witness these documents using video conferencing technology.   The person making the declaration and the person taking the declaration must be physically present with each other. 

What to say when swearing a Statutory Declaration before a commissioner of oaths?

• The Notary will guide you through what needs to be said.   The prescribed statement for swearing a Statutory Declaration is:  ‘I solemnly and sincerely declare that this is my name and handwriting and the contents of my declaration are true.’

Can two people swear the same declaration?

• Yes, two people can swear the same declaration provided that it is drafted in a way that accommodates this.

What happens if you make a false Stat Dec?

• You are guilty of an offence under the Perjury Act 1911 which comes with a conviction to a term of imprisonment for up to two years, or a fine or both fine and imprisonment. 

I need a Statutory Declaration Of Acknowledgement Of Parentage Form what Should I do? 

• Just click the link above and use our template.  You will need to swear the declaration before a Commissioner for Oaths.

Stat Dec Case Studies

Proving identity with a notary public

David Johnson had issues with different names on his identity documents. His birth certificate said “David Jonathan Johnson,” but his passport and driver’s license said “David Johnson.”

David needed a mortgage, but the name differences caused confusion and delays. The lender needed proof that “David Jonathan Johnson” and “David Johnson” were the same person.

David suggested to the bank that he make a stat dec as evidence of his identity.

He visited the Edward Young Notaries & Lawyers website. He used the stat dec template to draft his own document, stating he was one and the same person.

David made an appointment with a notary, signed the statutory declaration, and had it witnessed by the notary.

The bank accepted the declaration as proof, and David’s mortgage application went through without further issues.

Establishing Marital Status with a stat dec 

Sarah Collins wanted to marry her fiancé in France. To do this, she had to prove she was single. This is because French authorities required proof of marital status from foreign nationals.

Sarah didn’t have a Certificate of No Impediment, a document that proves someone is not already married.

Getting this certificate from her local office would take several weeks, which could delay her wedding.

Instead of waiting, Sarah used a statutory declaration. This is a formal statement that she was single and free to marry.

Sarah stated in her declaration that she had never been married.

Sarah signed the document in front of a Notary. She also obtained an Apostille to make sure there were no come backs. To find information on what an Apostille is, visit our Apostille Guide.

The French authorities accepted the statutory declaration, and Sarah’s wedding went ahead as planned. This shows that statutory declarations can be a quick solution when other documents aren’t available.

Using A Statutory Declaration To Challenge A Parking Ticket

John Smith got a parking ticket in London for allegedly parking in a restricted area without a valid permit.

However, John believed this was a mistake because he had a valid permit displayed.

John wanted to use a statutory declaration to prove he followed the parking rules and challenge the ticket.

He collected proof, including photos of his car with the permit clearly displayed and a copy of the permit.

John took the “statutory declaration template” from the website of Edward Young Notaries & Lawyers.

The declaration included:

• John’s details and the ticket reference number.
• A statement saying he had a valid permit displayed.
• Evidence details (photos and permit copy) as exhibits.

John searched online for a ‘statutory declaration solicitor near me”. He found a solicitor nearby and booked in an appointment to swear the declaration.

John sent the stat dec and evidence to the parking authority.

He included a cover letter explaining his case and referencing the declaration and evidence.

The parking authority reviewed John’s declaration and evidence.

They compared it with their records of the PCN.

The parking authority accepted John’s evidence and agreed that the ticket was a mistake.

Obtain Overseas Citizen Of India (OCI) For A Spouse

John and Priya were married couple living in London.

They decided to apply for an Overseas Citizen of India (OCI) card for John, who is a British.

Priya, an Indian citizen, already holds an OCI card.

John needed to prove his relationship to Priya and her status as an OCI cardholder.

A statutory declaration was required to support their application.

John emailed Edward Young Notaries & Lawyers and asked them draft the statutory declaration.

He was asked to provide the following details:

• John’s full name and address.
• Priya’s full name, address and OCI card details.
• A statement confirming their marriage and Priya’s OCI status.

Edward Young Notaries & Lawyers drafted the Stat Dec and invited John into sign it.

John and Priya submitted the OCI application online through the Indian government’s official portal.

They uploaded digital copies of all required documents, including the notarised statutory declaration.

They sent the original documents to the Indian consulate by post.

The Indian consulate reviewed the application and documents.

John received confirmation of his OCI card approval within a few weeks.

The consulate notified John to collect his OCI card.

He now enjoys the benefits of being an Overseas Citizen of India, including visa-free travel to India.

Contact us now for help with your Statutory Declaration.  

Call +442074992605