Avoid Costly Mistakes: What You Need to Know About Statutory Declarations in the UK
A statutory declaration is a formal legal document used in the UK to affirm that a statement is true. It is commonly used for various legal, personal, and business matters, such as name changes, confirming marital status, and making financial declarations. However, mistakes in statutory declarations can lead to legal complications, delays, and even penalties. This guide will help you understand how to properly complete a statutory declaration, avoid common pitfalls, and ensure your document is legally valid.
What is a Statutory Declaration?
A statutory declaration is a written statement of fact that is formally declared to be true before an authorised witness, such as a solicitor, notary public, or commissioner for oaths. It is governed by the Statutory Declarations Act 1835 and is often required in situations where no other legal documentation is available to prove a fact.
Common Uses of Statutory Declarations
- Name Changes – Used as an alternative to a deed poll for legally changing a name.
- Marital Status Confirmation – Required for marriage abroad in some countries.
- Identity Verification – Used to correct errors in official documents.
- Financial Declarations – Often needed for business transactions or insolvency processes.
- Lost Documents – To confirm the loss of important documents like share certificates.
- Patent Applications – Used by inventors to affirm the originality of their inventions.
Common Mistakes and How to Avoid Them
1. Providing Incorrect or Incomplete Information
One of the most common mistakes is submitting inaccurate or incomplete details in a statutory declaration. This can lead to rejection or legal consequences.
How to Avoid:
- Double-check all personal information, including names, addresses, and dates.
- Ensure that the declaration covers all necessary details relevant to the purpose.
- Use clear and precise language to prevent ambiguity.
2. Not Using the Correct Legal Wording
A statutory declaration must follow specific legal wording to be valid. If the wording is incorrect, the declaration may be rejected.
How to Avoid:
- Use a standard statutory declaration template.
- Consult a solicitor to ensure the correct wording is used.
- Avoid adding unnecessary legal terms that could alter the meaning of the declaration.
3. Failing to Sign in Front of an Authorised Witness
A statutory declaration is only valid if signed in the presence of an authorised witness, such as a solicitor, commissioner for oaths, or notary public.
How to Avoid:
- Do not sign the document until you are in front of an authorised witness.
- Book an appointment with a qualified solicitor or notary to witness your signature.
- If using a video conference service, follow the legal requirements for remote witnessing.
4. Making False Declarations
Knowingly making a false statement in a statutory declaration is a criminal offence under the Perjury Act 1911, punishable by fines or imprisonment.
How to Avoid:
- Only declare facts that you know to be true.
- If unsure about any statement, seek legal advice before signing.
- Understand that deliberate misrepresentation can have serious legal consequences.
5. Using an Unauthorised Witness
Not all individuals are qualified to witness a statutory declaration. Some people assume that any professional, such as a doctor or employer, can act as a witness, which is incorrect.
How to Avoid:
- Ensure the witness is a solicitor, commissioner for oaths, notary public, or other legally authorised professional.
- Verify the credentials of the witness before signing the declaration.
6. Not Keeping a Copy of the Declaration
Losing your statutory declaration can cause delays and complications, especially if it is required for official processes.
How to Avoid:
- Make a photocopy or digital copy of the signed declaration for your records.
- Store it securely in a safe place.
- If possible, request an extra certified copy from the witnessing solicitor.
7. Paying an Excessive Fee
Some people overpay for statutory declaration services due to lack of awareness about standard pricing.
How to Avoid:
- The typical fee for a statutory declaration is around £5-£10 for a simple declaration, plus £2 per exhibit attached.
- If using a solicitor, ask for a breakdown of fees to avoid overcharges.
- Compare prices before booking a service, especially for video conferencing options.
8. Failing to Submit the Declaration Where Required
A statutory declaration is only useful if it reaches the right authority on time. Delays in submission can lead to missed deadlines and legal issues.
How to Avoid:
- Confirm where and when the declaration needs to be submitted.
- Send the document via tracked mail or email if accepted.
- Follow up with the recipient to ensure it has been received and accepted.
How to Properly Complete a Statutory Declaration
Step 1: Draft the Declaration
Write a clear statement of the fact you are declaring. Use the following structure:
- Title: "Statutory Declaration"
- Opening Statement: "I, [Full Name], of [Address], do solemnly and sincerely declare that…"
- Main Body: Clearly state the facts you are affirming.
- Final Statement: "I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Statutory Declarations Act 1835."
- Signature: Leave space for your signature and the witness's details.
Step 2: Arrange for a Witnessing Appointment
- Book a time with a solicitor, commissioner for oaths, or notary public.
- If using a remote witnessing service, ensure it complies with UK legal requirements.
Step 3: Sign the Declaration in the Presence of the Witness
- Do not sign beforehand; wait until you are in front of the witness.
- The witness will sign and stamp the document.
- Pay the required fee.
Step 4: Submit and Store the Document
- Send the declaration to the necessary authority (e.g., HM Passport Office, Companies House, court, etc.).
- Keep a copy for your records.
Conclusion
A statutory declaration is a valuable legal tool, but errors in preparation or execution can lead to costly mistakes. By ensuring accuracy, using the correct legal wording, signing before an authorised witness, and keeping proper records, you can avoid unnecessary delays and complications. If you are ever unsure about any aspect of a statutory declaration, seeking professional legal advice is the best way to ensure compliance and peace of mind.
