Decide Between an Affidavit and Statutory Declaration: What's the Difference?

When it comes to formalizing statements or verifying facts, two common legal documents are often confused with one another: Affidavits and Statutory Declarations. While both serve similar purposes, they have distinct differences in their uses and applications.

What is an Affidavit?

An Affidavit is a notarized written statement of facts made under oath. It's used to verify information that the affiant (the person signing the document) knows to be true. This can include proving service of documents, establishing ownership of property, recording financial information, verifying identity, and more. Affidavits are commonly used in court proceedings to present evidence or prove facts.

What is a Statutory Declaration?

A Statutory Declaration, also known as a statutory declaration form, is similar to an Affidavit in that it allows the declarant (the person signing the document) to submit facts they know to be true. However, Statutory Declarations are typically used outside of court to present statements or facts to specific government agencies. For example, a person might use a Statutory Declaration to verify their identity when applying for a government benefit or to detail events surrounding a motor vehicle accident.

One key difference between Affidavits and Statutory Declarations is the context in which they are used. Affidavits are often used in court proceedings to present evidence, while Statutory Declarations are typically used outside of court to provide information to government agencies.

Another significant difference is the level of formality required. Affidavits require notarization, while Statutory Declarations may not always need to be notarized.

When to Use Each

So, when should you use an Affidavit versus a Statutory Declaration? If you need to verify facts in a court case or present evidence to prove a specific point, an Affidavit might be the better choice. On the other hand, if you need to provide information to a government agency or confirm your identity for a specific purpose, a Statutory Declaration could be more appropriate.

In conclusion, while both Affidavits and Statutory Declarations serve similar purposes, they have distinct differences in their uses and applications. By understanding these differences, you can make informed decisions about which document to use when formalizing statements or verifying facts. Remember, using the right document can help ensure accuracy, clarity, and legal validity.

Sample Notary Affidavit Form

If you need help creating an Affidavit or Statutory Declaration, our template is designed to guide you through the process. Simply fill out the questionnaire and provide the necessary information to create a customized document that meets your specific needs.

Sample notary affidavit form