Statutory Declaration in the UK: What It Is & How to Make One Legally

A statutory declaration is a legally binding document used in the UK to affirm that a statement is true to the best knowledge of the person making it. It is often required when no other legal proof is available, such as verifying identity, declaring marital status, or confirming property ownership.

What Is a Statutory Declaration?

A statutory declaration is a voluntary written statement of fact. Unlike an affidavit, it is not sworn on a religious text but remains legally enforceable. The person making the declaration (the declarant) confirms the truthfulness of their statement, and providing false information can lead to criminal charges under the Perjury Act 1911.

When Might You Need a Statutory Declaration?

You may need a statutory declaration in situations such as:

• Declaring a name change (if not using a deed poll).
• Confirming marital status for an overseas marriage.
• Stating financial solvency or bankruptcy status.
• Replacing lost or stolen documents.
• Confirming ownership of property or goods.

Legal Requirements for a Statutory Declaration

To be legally valid in the UK, a statutory declaration must:

1. Include the Required Wording
   The declaration must follow the wording set out in the Statutory Declarations Act 1835:
   "I, [full name], do solemnly and sincerely declare that [statement of facts]. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Statutory Declarations Act 1835."
2. Be Witnessed by an Authorised Person
   The declaration must be signed and dated in the presence of:
   • A solicitor
   • A commissioner for oaths
   • A notary public
   • A magistrate
3. Be Truthful and Voluntary
   The statement must be made of the declarant’s own free will, without coercion.

How to Make a Statutory Declaration Legally

1. Draft the Declaration

• Use clear and precise language to state the facts.
• Include the declarant’s full name, address, and occupation.
• Ensure the declaration contains the required statutory wording.

2. Find a Witness

• Contact a solicitor, notary public, or commissioner for oaths.
• Arrange an appointment to sign the document in their presence.

3. Sign and Date the Declaration

• The declarant must sign the document in front of the authorised witness.
• The witness will sign and stamp the declaration to verify it.

4. Pay the Fee

• Fixed Fee of £151 INC VAT

Where to Get a Statutory Declaration

• Solicitor's office – Many solicitors offer this service by appointment or walk-in.
• Notary public – Required for statutory declarations intended for use abroad.
• Magistrates' court – Some courts allow declarations before a magistrate.
• Online legal services – Some providers allow drafting and remote witnessing of declarations.