What is the Difference Between Affidavit and Statutory Declaration

Both affidavits and statutory declarations are written statements used in legal proceedings. These documents help to confirm the truth of a statement. Although they are similar documents, they also have some differences.

What is the difference between affidavit and statutory declaration? An affidavit is a sworn statement, while a statutory declaration is a solemn declaration.

Key Areas Covered

1. What is an Affidavit  
      – Definition, Features
2. What is a Statutory Declaration
      – Definition, Features
3. Similarities Between Affidavit and Statutory Declaration
      – Outline of Common Features
4. Difference Between Affidavit and Statutory Declaration
      – Comparison of Key Differences
5. FAQ: Affidavit and Statutory Declaration
      – Answers to Frequently Asked Questions

Key Terms

Affidavit, Statutory Declaration

What is an Affidavit

An affidavit is a written statement of facts that someone swears or affirms to be true. It must be signed in front of an authorized witness, like a notary public or officer of the law. When someone swears on an affidavit, they make an oath referring to God (or a religious equivalent), while an affirmation is a non-religious swearing of truth. Affidavits are generally used as evidence in court and are considered more formal than regular statements.

The person making the affidavit is called the “deponent” or “affiant.” They confirm the truth of their statements under penalty of perjury. This means they can face legal charges if they intentionally include false information. Moreover, affidavits must be voluntarily; no one can pressure the affiant into signing, or the court may reject it.

Moreover, affidavits serve various legal purposes, such as in financial statements (to verify information in divorce cases, bankruptcy, etc.), verification of residence, verification of domicile, estate planning, and contract work.

What is a Statutory Declaration

A statutory declaration is a legal document used in some Commonwealth nations and the United States to confirm that a statement is true. Unlike an affidavit, it is not sworn under oath. But it is still a formal declaration. In most areas, a statutory declaration must be signed in the presence of an authorized witness, such as a Solicitor, a Justice of the Peace, or a Court officer. The person making the declaration is known as the declarant. He or she solemnly declares the truth of the statements in the document.

Statutory declarations are useful in various legal requirements. In fact, they can help to declare identity, nationality, or marital status, confirm the intention to change a name, verify the origin and nature of goods for import or export, or provide statements of originality for patent applications. Additionally, statutory declarations are under specific statutory laws. Therefore, making a false declaration can result in legal penalties.

Similarities Between Affidavit and Statutory Declaration

1. Both affidavits and statutory declarations are written statements.
2. They are formal declarations used in law.
3. Moreover, they help to confirm the truth of a statement.
4. Both must be signed in front of a witness.
5. In addition, they contain similar information, like our name, the date, your signature, the signature of the witness, etc.

Difference Between Affidavit and Statutory Declaration

Definition

• An affidavit is a written statement that is sworn or affirmed before an authorized person, confirming its truth under oath. However, a statutory declaration is a formal statement made in a prescribed manner, affirming that something is true to the best knowledge of the declarant, without being sworn under oath.

Use

• Affidavits are mainly used in the court, while statutory declarations are more general and used for various legal and administrative purposes outside of court.

Person Signing

• The person making a statutory declaration is called a declarant and declares facts to be true. In contrast, the person making an affidavit is known as an affiant or deponent.

Process

• Deponent swears or affirms the truth of the statements under penalty of perjury, while declarant solemnly declares the truth of the statements.

FAQ: Affidavit and Statutory Declaration

1. What is the difference between a declaration and a decree?

A declaration is a formal statement that confirms or announces something. Moreover, it often helps to affirm facts or intentions. On the other hand, decree is an official order or decision issued by an authority, like a court or government, that has the force of law.

2. Who can take statutory declarations in Canada?

A Statutory Declaration must be notarized by an authorized official, like a notary public, lawyer, judge, commissioner, or justice of the peace. According to the Canada Evidence Act, an authorized official can receive a Statutory Declaration from anyone voluntarily making one before them.

3. What is an example of an affidavit?

A financial affidavit one submits during divorce proceedings is an example of an affidavit. Moreover, this type of document includes detailed information about a person’s income, expenses, assets, and debts.

4. Are declarations legally binding?

Yes, declarations are legally binding if they are made properly and signed before an authorized official. Moreover, providing false information in a declaration can lead to legal consequences.

Reference: 

1. “What is an Affidavit?” DocuSign. 
2. “Statutory Declaration.” Wikipedia. Wikipedia foundation. 

Image Courtesy:

1. “Affidavit signed by Robert Smith in the Pentagon Papers Case”  By RHDavis720 – Own work(CC BY-SA 4.0) via Commons Wikimedia
2. “Signing Legal Document” (CC0) via Pexels