Affidavit vs Declaration
You have been transferred from your place of birth to a new city where you have to apply for utilities in addition to finding a suitable accommodation for yourself. You will find that authorities do not relent with rules and regulations and ask for legal documents in support of your claim. Two of the most popular documents that are in vogue and act as evidence in support of your claim are affidavit and declarations. These two documents have legal force behind them and are very similar which is why people remain confused about their usage. This article will explain their features and their usage to remove all doubts.
A declaration is a statement made by you to be true and contains facts and information that you believe to be correct and attested by you (you sign at the end of the declaration confirming the veracity of the facts). A declaration does not need to be an oath there is no need for you to be sworn in by a legal authority. However, there is a statutory declaration under the penalty of perjury that needs to be attested by an attorney or any other legal officer and much closer to an affidavit than a simple declaration. So a declaration serves the purpose of evidence as there is a provision of perjury that can be invoked if it is found that the person has presented false statements knowingly or intentionally.
An affidavit is a legal document that has legal force behind it and can be presented in a court of law as evidence. A person, when he has no other means to buttress his claim needs to get an affidavit that is signed not just by him but also a witness who is a legal officer like a public notary. An affidavit needs to be signed in the presence of a public notary to become a legal force. The person who signs an affidavit is called an affiant and he swears by the facts presented in an affidavit.
Difference Between Affidavit and Declaration
• An affidavit is a written statement containing facts that a person uses as evidence in support of his claim. It acquires legal force as it is signed in the presence of a legal authority such as a public notary or oaths commissioner.
• A declaration is merely a statement signed by a person stating the claim made in the document to be correct and true. It does not require searing in though it becomes statutory when it is signed by a legal authority such as an attorney.
• A declaration is a statement made under the penalty of perjury that is more convenient and simple than an affidavit that requires a person to verify the statement in the presence of a public notary
• Affidavits are required when you are trying to obtain legal certificates such as voter registration or driver’s license whereas statements are more common and used to support your claims of identity, marital status, age, and so on.