What Is A Statutory Declaration?
A statutory declaration is a written statement of fact that is signed by you in the presence of an independent solicitor or notary public. After you have signed the document the solicitor or notary public will add their signature as a witness and certify the document with a formal stamp so it is compliant for official purposes.
Reasons For A Statutory Declaration
There are many reasons why you may need a statutory declaration, including:
- If you are planning on getting married overseas, some countries require you to sign a statutory declaration to say that you are single and free to get married
- If your child is going overseas without one or both parents a statutory declaration gives clear authority for a child to be taken on holiday with one parent or with grandparents or family friends. Production of a statutory declaration can avoid problems at the airport when a child has a different surname from the parent or the adults they are travelling with. A statutory declaration gives authority and entrustment.
- If there is a property or boundary dispute and you need to show that you have had use of a section of land or used a right of way for a specific number of years
- To rectify a mistake on an official document. For example, if a name has been misspelt on a passport or in land registry documents or on a naturalisation certificate
- To sort out passport problems such as a passport in the wrong name because of a marriage or a passport that is about to expire and does not have sufficient time on it to enable the holder to return to their home country
- To officially confirm that a document has been lost or stolen, such as a passport, driving licence or property title deeds
- To secure a school placement where there is an issue over a catchment area or eligibility
- Assisting with an immigration application. For example, a statutory declaration from a family member saying they are willing to provide accommodation for a visa applicant to help meet the visa accommodation requirement
- For inheritance purposes, such as a statutory declaration to say that a person renounces an inheritance
- For tax or property purposes. For example, a statutory declaration may be necessary if you are transferring a share in a property to another person and no money is exchanging hands or to formally authorise a spouse to retain all the rental income received from a jointly owned property
- For insurance purposes, such as to provide formal confirmation that an applicant is in good health and that there is no known family history of specific diseases
- To provide burial rights where it is agreed to transfer an exclusive right of burial. For example, a spouse may forgo their rights in favour of a child
If you need a statutory declaration, contact our specialist solicitors for a free no obligation quote.