A statutory declaration is a formal written statement of fact. It is used when a person needs to confirm something officially, but not necessarily through a court affidavit.

Statutory declarations are commonly used for name changes, marital status, single status, lost documents, identity differences, address confirmation, family matters, business statements and overseas legal procedures.

The most important point is that a statutory declaration must be made correctly. It is not just a normal signed letter. It must be signed before an authorised person, such as a solicitor, commissioner for oaths, notary public or officer of the court, depending on the purpose and where the document will be used.

GOV.UK guidance on statutory declaration forms explains that a declarant can swear the declaration by oath or make an affirmation, and that the solicitor, commissioner for oaths or officer of the court must print and sign the statutory declaration form.

What is a statutory declaration?

A statutory declaration is a formal statement confirming that certain facts are true.

It is usually made under the Statutory Declarations Act 1835 and includes wording confirming that the person makes the declaration conscientiously believing it to be true.

A statutory declaration may confirm:

• change of name
• single status
• freedom to marry
• lost or damaged documents
• identity details
• address history
• relationship facts
• financial or business facts
• company authority
• immigration or residency information
• family circumstances
• document corrections
• differences between names on records

Because it is a formal declaration, the wording must be accurate and the declaration must be signed in the correct way.

When statutory declarations are used

A statutory declaration may be used when an organisation or authority needs a formal statement rather than an informal letter.

Common uses include:

• changing name
• proving single status for marriage abroad
• confirming identity differences
• explaining name variations
• declaring loss of a document
• confirming address or residence
• supporting visa or immigration applications
• confirming family or relationship facts
• supporting probate or inheritance matters
• confirming company or director authority
• supporting overseas property transactions
• declaring facts for a foreign authority

The receiving authority may provide specific wording. If they do, it is usually safest to follow it closely.

Statutory declaration vs affidavit

A statutory declaration and affidavit are similar, but they are not the same.

A statutory declaration is a formal declaration made under statute. It is often used for administrative, legal or overseas purposes where a sworn statement is required but court evidence is not necessarily involved.

An affidavit is a sworn or affirmed statement of evidence and is commonly used in court or legal proceedings.

If the receiving authority asks for a statutory declaration, do not provide an affidavit unless they confirm it is acceptable. If they ask for an affidavit, a statutory declaration may not be enough.

Statutory declaration vs deed poll

A statutory declaration can sometimes be used for a change of name, but it is different from a deed poll.

A deed poll records that a person has abandoned one name and adopted another. A statutory declaration is a formal sworn or affirmed statement confirming facts, which may include a change of name.

GOV.UK provides a statutory declaration of change of name example that includes wording requiring people to address the declarant by the adopted name.

For overseas use, a statutory declaration may be preferred because it can be witnessed by a solicitor or notary and then apostilled.

Who can witness a statutory declaration?

A statutory declaration must be made before an authorised person.

This may include:

• solicitor
• commissioner for oaths
• notary public
• officer of the court
• other authorised person, depending on the jurisdiction and document type

The Law Society confirms that a statutory declaration must be signed by both the declarant and the commissioner for oaths where it is being used as evidence in proceedings.

For overseas use, a notary public may be safer or specifically required, especially if the document will be used for property, court, bank, company or immigration matters abroad.

Oath or affirmation

When making a statutory declaration, the declarant may swear by oath or make an affirmation.

An oath is usually religious. An affirmation is non-religious but has the same formal effect for the declaration.

GOV.UK explains that a declarant can swear the declaration by oath or make an affirmation by reading a statement of truth.

The choice between oath and affirmation usually depends on the declarant’s preference.

Signing a statutory declaration correctly

A statutory declaration should not usually be signed before the appointment unless the authorised person specifically tells you to do so.

The usual process is:

1. prepare the statutory declaration
2. bring valid ID to the appointment
3. swear or affirm the declaration before the authorised person
4. sign the declaration in the authorised person’s presence
5. the authorised person signs, dates and adds their details
6. the document is then ready for use or apostille, if required

If the declaration is signed incorrectly, it may need to be prepared again.

What a statutory declaration should include

A statutory declaration should be clear, specific and complete.

It usually includes:

• full name of the declarant
• address
• date of birth, where relevant
• nationality, where relevant
• clear statement of facts
• declaration wording
• date and place of declaration
• declarant’s signature
• authorised person’s signature
• authorised person’s name and role
• solicitor, notary or commissioner details
• stamp or seal, where appropriate

If the declaration will be used abroad, the wording may need to match the receiving authority’s instructions.

Statutory declaration for name change

A statutory declaration may be used to confirm that a person has changed their name and intends to use the new name for all purposes.

It may be useful where:

• a deed poll is not accepted
• previous name change documents are missing
• multiple name changes need explaining
• foreign authorities ask for a formal declaration
• passport or ID records need supporting evidence
• names differ across UK and overseas documents

If the declaration is being used abroad, it may need apostille and translation.

Statutory declaration for single status

A statutory declaration of single status may be required for marriage abroad.

It may confirm that the person is:

• single
• divorced
• widowed
• not currently married
• not in a civil partnership
• legally free to marry

Some countries ask for a certificate of no impediment instead. Others ask for a statutory declaration, affirmation or affidavit. Always check the exact wording before preparing the document.

Statutory declaration for lost documents

A statutory declaration can be used to explain that an important document has been lost, destroyed or cannot be produced.

This may apply to:

• lost certificates
• lost passports
• lost deeds
• lost company records
• lost academic documents
• lost court papers
• lost powers of attorney
• lost original contracts

The declaration may need to explain what the document was, when it was lost, what searches were made and why it cannot be provided.

Statutory declaration for identity differences

A statutory declaration may help where documents show different names, spellings or personal details.

This can happen because of:

• marriage
• divorce
• deed poll
• transliteration
• missing middle names
• different spelling between countries
• clerical errors
• informal name use
• historical records

The declaration can explain the difference and link the records together. Supporting documents may also be needed.

Statutory declarations for overseas use

If a statutory declaration will be used outside the UK, the receiving authority may require legalisation.

This may include:

• solicitor witnessing
• notary witnessing
• FCDO apostille
• embassy attestation
• certified translation
• sworn translation
• paper original
• wet-ink signature

The UK Legalisation Office checks whether the signature, stamp or seal on the document matches its records and then legalises the document by attaching an apostille.

For statutory declarations, the apostille usually confirms the solicitor’s, commissioner’s or notary’s signature, not the truth of the statements inside the document.

Solicitor or notary for overseas use

A solicitor may be suitable for many statutory declarations, especially where the receiving authority accepts solicitor witnessing and FCDO apostille.

A notary may be safer if:

• the document is for overseas property
• the recipient asks for notarisation
• the document will be used in a civil law country
• embassy legalisation is required
• the declaration is for a foreign court, bank or government office
• the document needs stronger international recognition

If the instructions say “notarised and apostilled”, use a notary rather than a solicitor.

Does a statutory declaration need apostille?

A statutory declaration may need apostille if it is being used abroad and the receiving authority asks for legalised UK documents.

The apostille confirms the recognised signature, stamp or seal on the declaration. For a statutory declaration, this is usually the signature of the solicitor, commissioner for oaths or notary who witnessed the declaration.

Without apostille, a foreign authority may not accept the document.

Embassy legalisation after apostille

If the destination country accepts apostilles, the FCDO apostille is often enough.

If the country does not accept apostille alone, the statutory declaration may need embassy or consular legalisation after the apostille.

The process may be:

1. prepare the statutory declaration
2. sign it before a solicitor or notary
3. submit it for FCDO apostille
4. arrange embassy legalisation, if required
5. arrange certified translation, if required

Embassy legalisation often requires paper documents, so an e-Apostille may not be suitable.

Translation requirements

If the statutory declaration will be used in a non-English-speaking country, a translation may be required.

The correct order depends on the receiving authority. Some authorities want the declaration signed, apostilled and then translated. Others may require a sworn translation, notarised translation or translation completed in the destination country.

Before arranging translation, check whether the recipient needs:

• original statutory declaration
• apostilled statutory declaration
• certified translation
• sworn translation
• translation of the apostille
• apostilled translation
• embassy-attested translation

Paper apostille or e-Apostille

A statutory declaration may be suitable for a paper apostille or, in some cases, an e-Apostille.

A paper apostille is usually safer when:

• the document has a wet-ink signature
• the authority wants the original paper document
• embassy legalisation is required
• the document will be submitted in person or by post
• the recipient is a registry office, court, bank or notary abroad

An e-Apostille may be possible if the declaration is digitally signed or certified by a UK solicitor or notary and the receiving authority accepts electronic documents.

Do not choose e-Apostille unless the recipient has confirmed that it accepts digital documents.

Common mistakes to avoid

Common mistakes include:

• using an informal letter instead of a statutory declaration
• signing the declaration before the authorised person is present
• using the wrong witness
• missing the oath or affirmation wording
• using vague wording that does not confirm the required facts
• forgetting date and place of declaration
• using solicitor witnessing when a notary is required
• forgetting apostille for overseas use
• choosing e-Apostille when paper legalisation is required
• translating before checking the correct order
• using a declaration that does not match the recipient’s template

These mistakes can cause rejection, delay and extra cost.

How to prepare a statutory declaration

The process usually works as follows.

1. check the recipient’s instructions

Confirm whether they need a statutory declaration, affidavit, notarial declaration or another document.

2. prepare the wording

The declaration should state the facts clearly and include the correct declaration wording.

3. choose the correct authorised person

Use a solicitor, commissioner for oaths, officer of the court or notary depending on the purpose and destination country.

4. sign in the correct way

Swear or affirm the declaration and sign it before the authorised person.

5. arrange apostille if needed

If the document is for overseas use, submit it for FCDO apostille.

6. arrange embassy legalisation or translation

Complete any additional destination-country requirements in the correct order.

How we can help

We can help prepare statutory declarations for UK and overseas use.

Our service can include checking the receiving authority’s instructions, advising whether a solicitor or notary should witness the declaration, arranging apostille legalisation, advising on embassy attestation and helping with certified translation where required.

If you need a statutory declaration for use abroad, send us the destination country and the wording requested by the receiving authority. We can help confirm the safest route before you sign.