Affidavit vs Statutory Declaration
We all are aware of the importance of legal documents like affidavit and statutory declarations as we need them frequently for various needs. For example, if we do not have address proof if we have moved to a new place after a transfer for a telephone connection, we may be asked to get an affidavit or a statutory declaration that is a legal document as it is signed by an attorney or a public notary and serves its purpose of confirming the facts contained in the document. Both affidavit and statutory declaration are similar in nature and also serve similar purpose which is why many people find it difficult to differentiate between the two. This article will try to highlight their features in an attempt to enable people to find which legal document they require in certain circumstances.
An affidavit is a written statement containing facts that you believe are correct and is used as evidence in a court of law. It is a legal document that is akin to an oath that is certified by a legal authority (a public notary). When you are preparing an affidavit, you write down the points in the form of paragraphs to make it clear and then sign it as a declarant implying you attest the facts contained therein. Finally it is signed and stamped by a witness such as a public notary and the document becomes legal to be produced as evidence in a court of law.
In some commonwealth countries, another legal document known as statutory declaration is in vogue. It is effectively an oath by the declarant verifying or confirming the facts contained to be true. It is a document that the declarant needs to swear in front of a legal authority like an attorney. Statutory declaration is a common document that serves the purpose of confirming facts in all sorts of matters where a person may not have any other evidence. Some matters where they are used are when a person has to prove his identity, nationality, marital status etc.
Difference Between Affidavit and Statutory Declaration
• An affidavit is used as evidence in a court of law whereas statutory declaration can be used in all other circumstances
• Affidavit is attested by a public notary whereas statutory declaration is verified by an attorney
• Affidavit is like a sworn statement whereas statutory declaration is more of a statement of fact that is affirmed by the declarant
• Affidavit is used when one is trying to secure legal certificates such as driver’s license or voter card whereas statutory declaration is used in cases of proving one’s identity, marital status or nationality.