Statutory Declaration vs Affidavit: What's the Difference?

A statutory declaration is used outside court, for example by government bodies, banks and insurers. An affidavit is used in court and tribunal proceedings. Both are written statements of fact made in front of an authorised witness, which is why they are often confused.

What is a statutory declaration?

A statutory declaration is a written statement of fact that a person signs in front of an authorised witness, usually a solicitor, and declares to be true. It is governed by the Statutory Declarations Act 1835.

Statutory declarations are used outside court, for example:

• Confirming a change of name
• Supporting a passport or visa application
• Declaring the loss of a share certificate or title deed
• Confirming identity for financial institutions
• Supporting insurance claims

There is no standard form for most statutory declarations. The wording is written for the particular situation.

What is an affidavit?

An affidavit is also a written statement of fact, sworn or affirmed in front of an authorised witness. The difference is that affidavits are used in legal proceedings.

Common uses include:

• Supporting or opposing applications in civil court
• Family proceedings (divorce, child arrangements)
• Probate matters
• Immigration tribunal proceedings
• Debt recovery and enforcement

Because affidavits are court documents, they must follow the formatting rules of the court in question.

The differences at a glance

Which one do I need?

If the document is going to a court or tribunal, you almost certainly need an affidavit. If it is going to a government body, a financial institution or a private organisation, and is not part of court proceedings, a statutory declaration is usually right.

If you are unsure, ask the organisation you are sending it to. It will tell you which it requires.

Can both be witnessed by video call?

Yes. StatDec Hub witnesses both by video call. You sign live on the call, having not signed beforehand, then email the signed document to the solicitor, who countersigns it and emails it back, usually the same day. Nothing is posted. You will need a passport or driving licence, and the fee is £100 per document.

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