Statutory Declaration vs Affidavit: What's the Difference?

Statutory declarations and affidavits are both witnessed sworn statements, and they are often confused. While they share similarities, they serve different legal purposes and are used in different contexts.

What is a statutory declaration?

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

Statutory declarations are used in non-court situations, such as:

• 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 tailored to the specific situation.

What is an affidavit?

An affidavit is also a written sworn statement of fact, signed in front of an authorised witness. However, affidavits are used specifically in legal proceedings and court contexts.

Common uses include:

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

Unlike statutory declarations, affidavits are court documents and must follow specific formatting requirements depending on the court and jurisdiction.

Key differences at a glance

	Statutory Declaration	Affidavit
Used in	Non-court situations	Court and legal proceedings
Legal basis	Statutory Declarations Act 1835	Court rules / common law
Format	Flexible	Court-specific requirements
Who witnesses	Solicitor, commissioner for oaths, notary	Solicitor, commissioner for oaths
Wording	Tailored to purpose	Follows court conventions

Which do I need?

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

When in doubt, ask the authority or organisation you are submitting the document to. They will specify which they require.

Can both be witnessed via video call?

Yes. StatDec Hub witnesses both statutory declarations and affidavits via secure video call. A UK-qualified solicitor witnesses your signature live during the call.

Fixed fee £100. Same-day appointments available. Book now.