Statutory declarations explained: when you need one and how to get it apostilled

A statutory declaration is a legally recognised statement of fact that can be used when no other official evidence is available to confirm a particular circumstance.

Whether you need to confirm your identity, marital status, name change or another legal fact, a statutory declaration can provide formal evidence accepted by government bodies, courts, financial institutions and overseas authorities.

If the declaration is intended for use outside the UK, it may also need an apostille certificate or embassy legalisation.

What is a statutory declaration?

A statutory declaration is a written statement that a person signs in the presence of an authorised witness, confirming that the information contained within the document is true.

Unlike an affidavit, a statutory declaration is not sworn on a religious text. Instead, it is made under the provisions of the Statutory Declarations Act 1835.

Knowingly making a false declaration can constitute a criminal offence.

When is a statutory declaration used?

Statutory declarations are often used when official records do not exist or additional evidence is required.

Common examples include:

• Confirming marital status
• Confirming identity
• Explaining name discrepancies
• Supporting overseas marriage applications
• Declaring residency
• Probate and inheritance matters
• Company solvency declarations
• Financial institution requirements
• Property transactions
• Immigration applications

Many foreign authorities also request statutory declarations as supporting evidence for legal procedures abroad.

Who can witness a statutory declaration?

A statutory declaration must be signed in the presence of an authorised person.

This may include:

• A solicitor
• A notary public
• A commissioner for oaths
• A justice of the peace

The witness confirms the identity of the person making the declaration and observes the signature being applied.

Notary or solicitor: which is best?

For documents that will only be used within the UK, a solicitor is often sufficient.

However, if the declaration will be used overseas, a notary public is frequently preferred because notarial acts are more widely recognised internationally.

Many foreign authorities specifically request notarised statutory declarations.

How do you obtain a statutory declaration?

The process is usually straightforward:

1. Prepare the declaration

The declaration should clearly set out the facts being confirmed.

2. Arrange an appointment

Book an appointment with a solicitor, notary public or commissioner for oaths.

3. Bring identification

You will normally need photographic identification and proof of address.

4. Sign in the witness's presence

The declaration must be signed during the appointment and not beforehand.

5. Obtain the completed declaration

The witness will sign, stamp and complete the declaration.

Once completed, the document can be used for its intended purpose or submitted for legalisation.

Do statutory declarations expire?

In most cases, statutory declarations do not have a formal expiry date.

However, some organisations may require a recently dated declaration, particularly where the information relates to a person's current circumstances.

It is always advisable to check the requirements of the receiving authority.

Using a statutory declaration abroad

If the declaration is being presented overseas, legalisation is often required.

Most foreign authorities will not automatically recognise a UK statutory declaration without additional authentication.

Apostille for statutory declarations

An apostille certificate issued by the Foreign, Commonwealth & Development Office (FCDO) confirms that the signature of the solicitor or notary public is genuine.

The apostille allows the declaration to be recognised internationally under the Hague Apostille Convention.

Statutory declarations are commonly apostilled for:

• Marriage abroad
• Residency applications
• Immigration procedures
• Property purchases overseas
• International business transactions
• Probate and inheritance matters
• Court proceedings abroad

Do some countries require embassy legalisation?

Yes.

If the destination country is not a member of the Hague Apostille Convention, additional embassy attestation may be required after the apostille has been issued.

Requirements vary depending on the country and purpose of the declaration.

Fast apostille services for statutory declarations

At Orcap, we assist clients throughout the UK with:

• Statutory declaration apostille services
• Solicitor-witnessed declarations
• Notarial services
• Same day apostille services
• FCDO apostille UK processing
• Embassy attestation
• Fast apostille and legalisation services
• Hague apostille services

Our team can advise whether a solicitor or notary is required and guide you through the correct legalisation process.

Need a statutory declaration apostilled?

Whether you require a statutory declaration for a marriage abroad, immigration application or international legal matter, Orcap can help.

Contact our team today for expert assistance with statutory declarations, apostille certificates and embassy legalisation services.