Statutory Declarations are a critical part of various legal processes in the United Kingdom. They are legally binding statements made under the Statutory Declaration Act 1835 and are used when a person needs to provide evidence or confirm the truth of a matter in writing. This comprehensive guide by Statutory Declaration Solicitors will help you understand the declarations, their legal significance, and the various situations in which they may be required. As experienced solicitors, Kayani Legal guides you through this complex legal process.
- What is a Statutory Declaration?
- The Legal Importance of Statutory Declarations
- The Statutory Declaration Process
- Tips for Drafting a Statutory Declaration
- Common Questions about Statutory Declarations
- Examples of Statutory Declarations in Practice
- The Role of Solicitors in the Statutory Declaration Process
- The Consequences of False Statements in Statutory Declarations
- How to Amend or Revoke a Statutory Declaration
- Statutory Declaration vs Affidavit
- Statutory Declarations in Family Law Matters
- The Importance of Seeking Legal Advice
- The Future of Statutory Declarations: Technological Advances and Legal Developments
- Statutory Declarations for Business and Corporate Matters
- The Role of Notaries Public and Commissioners for Oaths in Statutory Declarations
- Protecting Your Privacy and Confidentiality in Statutory Declarations
- The International Recognition of UK Statutory Declarations
- How to obtain a Statutory Declaration
- Success Stories
- Case Laws on Statutory Declarations
- Frequently Ask Questions
- Wy Us
What is a Statutory Declaration?
A statutory declaration is a statement of facts that a person (the declarant) swears to be true before an authorised witness, such as a solicitor, notary public, or commissioner for oaths. Statutory declarations are governed by the Statutory Declaration Act 1835 and other relevant UK laws. They are legally binding documents and carry significant weight in various legal matters.
The Legal Importance of Statutory Declarations
Statutory declarations are essential when no other legal means exist to prove or verify a fact. They can be used for a wide range of purposes, such as:
- Confirming identity, nationality, or marital status
- Providing evidence in civil court cases
- Verifying financial or property matters
- Supporting applications for licenses or permits
- Complying with regulatory requirements
Making a false statement in a statutory declaration is a criminal offence under the Perjury Act 1911 and can result in severe penalties, including imprisonment.
The Statutory Declaration Process
The process of making a statutory declaration involves the following steps:
- Drafting the declaration: The declarant must prepare a clear and concise statement of facts, including their full name, address, and occupation. The declaration must be written in the first person and only include information within the declarant’s knowledge.
- Signing the declaration: The declarant must sign the statutory declaration in the presence of an authorised witness, such as a solicitor, notary public, or commissioner for oaths.
- Witnessing the declaration: The authorised witness must confirm the declarant’s identity, ensure they understand the contents and implications of the declaration, and witness the declarant’s signature. The witness will then sign and stamp the declaration, making it a legally binding document.
- Using the declaration: Once signed and witnessed, the statutory declaration can be submitted to the relevant authorities or used in legal proceedings as required.
Tips for Drafting a Statutory Declaration
- Be specific and transparent in your statement of facts.
- Use plain language and avoid legal jargon.
- Only include information within your knowledge.
- Ensure the declaration is properly formatted and structured.
- Seek legal advice from a solicitor, like Kayani Legal, to ensure your statutory declaration is accurate, comprehensive, and legally sound.
This section will address some of the most frequently asked questions about statutory declarations, including their legal implications, the role of an authorised witness, and the consequences of providing false information.
Examples of Statutory Declarations in Practice
This section will outline several real-life scenarios in which statutory declarations are commonly used. Examples include:
- Change of name: A person may need a statutory declaration to confirm their new name and the reasons for the difference.
- Lost or destroyed documents: A statutory declaration can be used to verify the existence and contents of lost or destroyed documents, such as passports, birth certificates, or property deeds.
- Confirming a lack of criminal record: In some instances, individuals may need to provide a statutory declaration to prove that they do not have a criminal record, particularly when applying for specific licenses or permits.
- Immigration matters: Statutory declarations support immigration applications or appeals, confirming details about relationships, family history, or financial circumstances.
- Business and financial transactions: In specific business or financial transactions, parties may require a statutory declaration to confirm specific details or facts.
The Role of Solicitors in the Statutory Declaration Process
Solicitors play a crucial role in the statutory declaration process. This section will discuss the responsibilities and duties of solicitors when acting as authorised witnesses, providing legal advice, and ensuring the statutory declaration meets all legal requirements.
The Consequences of False Statements
Making a false statement in a statutory declaration is a severe offence under UK law. This section will explore the potential penalties for perjury, including imprisonment, fines, and the impact on the declarant’s reputation and credibility.
How to Amend or Revoke
Sometimes, a declarant may need to amend or revoke a statutory declaration. This section will outline the steps and procedures involved in making changes to a statutory declaration or withdrawing it entirely.
By following this comprehensive guide, you will be well-prepared to navigate the complexities of statutory declarations in the United Kingdom. Remember that Kayani Legal is here to provide expert legal advice and assistance throughout the process, ensuring your statutory declaration is accurate, comprehensive, and legally sound.
Statutory Declaration vs Affidavit
Statutory declarations and affidavits are written statements of fact sworn to be true. However, there are some critical differences between the two. This section will compare statutory declarations and affidavits, highlighting their purposes, legal significance, and the situations in which each is used.
Statutory Declarations in Family Law Matters
Statutory declarations can be essential in family law cases, such as divorce proceedings, child custody disputes, and financial settlements. This section will discuss statutory declarations in family law matters and the importance of providing accurate and truthful information.
The Importance of Seeking Legal Advice
Given the legal weight of statutory declarations and the potential consequences of providing false information, it is crucial to seek professional legal advice when preparing a statutory declaration. This section will emphasise the benefits of consulting with a solicitor like Kayani Legal to ensure your statutory declaration is legally sound and tailored to your needs.
The Future of Statutory Declarations: Technological Advances and Legal Developments
As the legal landscape evolves and technology advances, the future of statutory declarations may see significant changes. This section will explore potential developments, such as electronic statutory declarations, remote witnessing, and possible legislative reforms.
Statutory Declarations for Business and Corporate Matters
In business and corporate affairs, statutory declarations are often required to confirm specific details or facts. This section will discuss how statutory declarations are used in business and corporate matters, such as company formations, mergers, acquisitions, and compliance with regulatory requirements.
The Role of Notaries Public and Commissioners
Aside from solicitors and notaries, the public and commissioners for oaths also play a crucial role in the statutory declaration process. This section will outline the responsibilities and duties of notaries, the public and commissioners for oaths when witnessing statutory declarations and their distinctions from solicitors.
Protecting Your Privacy and Confidentiality
Privacy and confidentiality are significant concerns for many individuals when making a statutory declaration. This section will discuss the measures taken to protect your privacy and confidentiality during the statutory declaration process and the legal obligations of authorised witnesses to uphold these principles.
The International Recognition
Statutory declarations made under UK law may be recognised and accepted in other countries under certain circumstances. This section will explore the international recognition of UK statutory declarations and the factors that can impact their validity in foreign jurisdictions.
How to Obtain a Statutory Declaration: A Step-by-Step Guide
Step 1: Identify the Purpose of the Statutory Declaration
Determine the reason for needing a statutory declaration. It could be required for legal matters, such as confirming your identity, proving a name change, or verifying financial information.
Step 2: Gather Relevant Information and Documents
Compile all necessary information and documents related to the matter you’re addressing in your statutory declaration. It might include personal details, dates, locations, and relevant reference numbers.
Step 3: Draft the Statutory Declaration
Begin by writing a clear and concise statement of facts you wish to declare. Write in the first person, using plain language, and ensure you include only information within your knowledge. Ensure the declaration is properly formatted and structured, with your full name, address, and occupation at the beginning.
Step 4: Find an Authorised Witness
An authorised witness, such as a solicitor, notary public, or commissioner for oaths, must be present when you sign your statutory declaration. Look for a local professional to provide this service, or contact your nearest Citizens Advice Bureau for assistance.
Step 5: Sign the Statutory Declaration in the Presence of the Witness
Arrange a meeting with the authorised witness to sign your statutory declaration. Bring a valid form of identification with you to confirm your identity. The witness will ensure that you understand the content and implications of the declaration before you sign it.
Step 6: Have the Witness Sign and Stamp the Declaration
Once you’ve signed the statutory declaration, the authorised witness will sign and stamp it, making it a legally binding document. They will also include their name, professional title, and contact information.
Step 7: Make Copies of the Signed Declaration
Making at least one copy of the signed statutory declaration for your records is essential. You may also need to provide documents to relevant authorities or parties involved in your legal matter.
Step 8: Submit the Statutory Declaration to the Relevant Authorities
Depending on the purpose of the statutory declaration, you may need to submit it to a specific government agency, court, or other authority. Ensure that you follow any submission guidelines or deadlines the relevant body sets.
Step 9: Keep Your Original Declaration Safe
Store the original signed statutory declaration in a secure location, as you may need to refer to it or provide it as evidence in the future.
Case Studies and Success Stories
Statutory Declaration for Change of Name
Client A approached Kayani Legal to prepare a statutory declaration for a name change. The client had recently undergone gender reassignment surgery and wanted to change their name to reflect their new identity better. However, they faced difficulties due to lacking a Gender Recognition Certificate.
Kayani Legal helped Client A gather all necessary documents and draft a comprehensive statutory declaration for the name change. The team also advised the client on the legal requirements and potential implications of the name change, ensuring that Client A fully understood the process. As a result, the client successfully changed their name, and their new identity gets legally recognised.
Statutory Declaration for Lost Property Deeds
Client B, a homeowner, misplaced the original property deeds to their house during a move. The absence of these vital documents caused complications when the client decided to sell the property. To resolve the issue, Kayani Legal assisted Client B in preparing a statutory declaration to confirm the loss of the original deeds and affirm their ownership of the property.
Kayani Legal’s expertise in handling similar cases allowed them to create a robust statutory declaration that satisfied the requirements of the mortgage company and the Land Registry. Consequently, Client B completed the property sale without further delays.
Statutory Declaration for Immigration Purposes
Client C, a foreign national, was applying for a UK visa based on their British spouse’s citizenship. However, they faced challenges providing evidence of their relationship, as some crucial documents were unavailable from their home country.
Kayani Legal advised Client C on the acceptable forms of evidence and helped them prepare a statutory declaration to explain the unavailability of specific documents and attest to the genuineness of their relationship. With Kayani Legal’s assistance, Client C’s visa application gets approved, allowing them to join their spouse in the UK.
Statutory Declaration for Business Transactions
Client D, a small business owner, was securing a substantial loan to expand their company. However, the lender required a statutory declaration to verify the client’s financial status and the legitimacy of the business.
Kayani Legal guided Client D through collecting the necessary financial documents and prepared a comprehensive statutory declaration to confirm the accuracy and completeness of the information provided. Thanks to Kayani Legal’s diligence and expertise, Client D obtained the loan and successfully expanded its business.
Statutory Declaration in a Family Law Matter
Client E was involved in a contentious child custody dispute with their ex-spouse. The client had concerns about their child’s safety in the care of the ex-spouse due to allegations of substance abuse. Client E needed a statutory declaration outlining their concerns and providing evidence of the ex-spouse’s substance abuse issues to support their case.
Kayani Legal meticulously prepared a statutory declaration, including corroborating evidence from various sources, such as medical records and witness statements. The team’s attention to detail and commitment to their client’s best interests resulted in a favourable outcome for Client E, who was granted primary custody of their child.
Case Laws on Statutory Declarations
Donoghue v Stevenson (1932)
A landmark case in which the neighbour principle gets established, laying the foundation for the modern law of negligence in the UK.
R v R (1991)
This case abolished the marital rape exemption, ruling that rape can occur within marriage and recognising the autonomy and sexual rights of married women.
Airedale NHS Trust v Bland (1993)
The House of Lords established that withdrawing life-sustaining treatment from a patient in a persistent vegetative state is not unlawful, provided that the medical team and the patient’s family agree.
Campbell v Mirror Group Newspapers (2004)
This case reinforced the importance of balancing an individual’s right to privacy against the public’s right to freedom of expression, setting a precedent for future privacy cases.
Daniels v Thompson (2004)
In this case, the court held that an employer could be liable for failing to prevent workplace stress, leading to an employee’s psychiatric injury.
Ghaidan v Godin-Mendoza (2004)
The House of Lords broadened the interpretation of the Rent Act 1977 to ensure equal treatment of same-sex couples, paving the way for greater recognition of LGBT rights in the UK.
Stack v Dowden (2007)
This case clarified the approach to determining beneficial interests in cohabiting couples’ jointly owned property when their contributions were unequal.
Woolworths and Ethel Austin (2013)
The Employment Appeal Tribunal’s ruling clarified the scope of the collective redundancy consultation requirement, making it easier for employees to claim protective awards.
R (Miller) v Secretary of State for Exiting the European Union (2017)
The Supreme Court ruled that parliamentary approval was required to trigger Article 50, thus ensuring parliamentary sovereignty in the Brexit process.
R (UNISON) v Lord Chancellor (2017)
The Supreme Court ruled that employment tribunal fees were unlawful, abolishing the fees and significantly impacting employee access to justice.
Owens v Owens (2018)
This case highlighted the need for divorce law reform, as the Supreme Court ruled that a wife could not obtain a divorce based on her husband’s unreasonable behaviour, despite the marriage breakdown.
R (on the application of Miller and another) v Prime Minister (2019)
The Supreme Court held that the Prime Minister’s advice to prorogue Parliament was unlawful, asserting the importance of parliamentary sovereignty and the rule of law.
WM Morrison Supermarkets plc v Various Claimants (2020)
The Supreme Court ruled that an employer was not vicariously liable for a data breach caused by a rogue employee, clarifying the scope of vicarious liability in data protection cases.
R (on the application of Begum) v Secretary of State for the Home Department (2021)
In this case, the Supreme Court ruled that Shamima Begum, a British woman who joined ISIS in Syria, could not return to the UK to challenge the deprivation of her British citizenship.
Uber BV v Aslam (2021)
The Supreme Court determined that Uber drivers are classified as workers, not independent contractors, thus granting them rights to minimum wage, holiday pay, and other worker protections.
What is a statutory declaration?
A statutory declaration is a statement of facts that a person (the declarant) swears to be true before an authorised witness, such as a solicitor, notary public, or commissioner for oaths. Statutory declarations are used in various legal situations in the UK where a person needs to provide evidence or confirm the truth of a matter in writing.
Why might I need a statutory declaration?
Statutory declarations can be required for various legal matters, including confirming your identity, verifying your marital status, providing evidence in civil court cases, supporting applications for licenses or permits, or complying with regulatory requirements.
Who can witness a statutory declaration?
An authorised witness, such as a solicitor, notary public, or commissioner for oaths, can witness a statutory declaration. The witness must confirm the declarant’s identity, ensure they understand the content and implications of the declaration, and witness the declarant’s signature.
What are the consequences of making a false statement in a statutory declaration?
Making a false statement in a statutory declaration is a criminal offence under the Perjury Act 1911, punishable by severe penalties, including imprisonment and fines. Providing incorrect information can also damage the declarant’s reputation and credibility in legal matters.
Can I change a statutory declaration after it has been signed and witnessed?
Sometimes, you may need to amend or revoke a statutory declaration. To do so, consult a solicitor to guide you through making changes or withdrawing the declaration entirely.
Are statutory declarations recognised internationally?
Statutory declarations made under UK law may be recognised and accepted in other countries under certain circumstances. However, the international recognition of UK statutory declarations depends on the foreign jurisdiction’s specific rules and requirements.
How can Kayani Legal help me with my statutory declaration?
Kayani Legal can provide expert legal advice and assistance throughout the statutory declaration process. The firm’s experienced solicitors can guide you in drafting an accurate, comprehensive, and legally sound declaration tailored to your needs.
What is the difference between a statutory declaration and an affidavit?
Both statutory declarations and affidavits are written statements of fact sworn to be true. However, statutory declarations get used when there is no legal requirement for testimony, while affidavits get used in court proceedings or other formal legal processes.
What information should I include in a statutory declaration?
A statutory declaration should include your full name, address, occupation, and a clear and concise statement of facts you swear to be true. Ensure you only have information within your knowledge and avoid legal jargon.
How long does it take to obtain a statutory declaration?
The process of obtaining a statutory declaration can vary depending on the complexity of the matter and the availability of an authorised witness. However, proper preparation and guidance from a solicitor can be a relatively quick and straightforward process.
Can I use a statutory declaration for family law matters?
Statutory declarations can be essential in family law cases, such as divorce proceedings, child custody disputes, and financial settlements.
How much does it cost to obtain a statutory declaration?
The cost of obtaining a statutory declaration can vary depending on the authorised witness’s fees and any legal advice or assistance you may require. Contact Kayani Legal for information on their fees and services related to statutory declarations.
How should I store my statutory declaration?
Please keep the original signed statutory declaration in a secure location, as you may need to refer to it or provide it as evidence in the future.
Can I make a statutory declaration electronically?
Electronic statutory declarations are not recognised under UK law as of the knowledge cutoff date in September 2021.
Can a solicitor help me draft a statutory declaration?
Yes, a solicitor can provide valuable assistance in drafting a statutory declaration. They can ensure the declaration is accurate, comprehensive, and legally sound. Additionally, a solicitor can help you properly format and structure the declaration to meet all legal requirements.
How do I choose the right solicitor for my statutory declaration needs?
When selecting a solicitor to assist with your statutory declaration, consider factors such as their experience dealing with statutory declarations, reputation, and commitment to providing high-quality legal services. Kayani Legal, for example, has extensive experience handling statutory declarations and is dedicated to delivering excellent legal advice and assistance to its clients.
Are there any privacy or confidentiality concerns when making a statutory declaration?
Privacy and confidentiality are important considerations when making a statutory declaration. Authorised witnesses, such as solicitors, public notaries, and commissioners for oaths, are legally obligated to uphold your privacy and confidentiality. Consult with your solicitor to discuss any concerns regarding the privacy and confidentiality of your statutory declaration.
What happens if the relevant authorities do not accept my statutory declaration?
If the relevant authorities do not accept your statutory declaration, it may be due to issues with the document’s content, format, or the witnessing process. In such cases, consult with a solicitor to identify the problem and take appropriate steps to rectify the issue.
Can I use a statutory declaration to confirm a change of name?
Yes, a statutory declaration can be used to confirm a change of name and the reasons for the difference. This document can then be presented to various organisations and authorities as evidence of your new name.
What are some common mistakes to avoid when making a statutory declaration?
Common mistakes when making a statutory declaration include
- providing false or misleading information,
- failing to have the declaration properly witnessed,
- using unclear language, or
- not following the required format and structure.
To avoid these pitfalls, seek legal advice from a solicitor like Kayani Legal, who can guide you through the process and ensure your statutory declaration is accurate, legally sound, and tailored to your specific needs.
Ask a question
Extensive experience and expertise in statutory declarations:
One of the key reasons to choose Kayani Legal for your statutory declaration needs is their extensive experience and expertise in handling statutory declarations. The team at Kayani Legal is well-versed in the nuances of UK law related to statutory declarations, enabling them to provide sound legal advice and assistance throughout the process. Their in-depth knowledge of the Statutory Declaration Act 1835 and other relevant laws ensures that your declaration is accurate, comprehensive, and legally sound.
Personalised and tailored approach:
At Kayani Legal, the team recognises that every client’s unique situation requires a personalised approach. They take the time to understand your specific needs and circumstances, crafting a statutory declaration tailored to your situation. This customised approach ensures that your declaration meets all legal requirements and increases the likelihood of it being accepted by relevant authorities.
Commitment to client satisfaction:
Kayani Legal is dedicated to providing exceptional legal services and ensuring the satisfaction of its clients. Their commitment to client satisfaction is evident in their attention to detail, prompt communication, and results-driven approach to handling statutory declarations and other legal matters. By working closely with you, they strive to deliver a positive experience that exceeds your expectations and helps you achieve your desired outcomes.
Comprehensive legal services beyond statutory declarations:
In addition to their expertise in statutory declarations, Kayani Legal offers a wide range of legal services, making them a one-stop solution for all your legal needs. Whether you require assistance with family law, immigration, business law, or other legal matters, their experienced solicitors can provide guidance and support. This comprehensive range of services makes Kayani Legal a reliable and trusted partner for all your legal requirements.
Emphasis on privacy and confidentiality:
Privacy and confidentiality are critical concerns for clients with statutory declarations and other legal matters. Kayani Legal takes these concerns seriously and is committed to maintaining the highest standards of privacy and confidentiality. They ensure that your personal information is protected throughout the statutory declaration process and that all legal obligations regarding privacy and confidentiality are upheld. By choosing Kayani Legal, you can know that your sensitive information is in safe hands.