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Difference between Affidavit and Statutory Declaration

Difference between Affidavit and Statutory Declaration

Affidavits are sworn statements, while statutory declarations are unsworn statements. Affidavits are used in court proceedings, while statutory declarations are usually used for administrative purposes. For example, an affidavit might be filed with a court as evidence, while a statutory declaration might be submitted to a government agency as proof of residency or citizenship. It’s important to understand the difference between these two types of documents because using the wrong one can lead to serious legal consequences.

What is Affidavit Declaration?

An Affidavit Declaration is a formal document that is used to swear or affirm certain information to be true. This document is often used in legal proceedings to provide evidence or testimony in support of a claim or argument. Affidavit Declarations are typically signed by the person making the statement (the “affiant”), and witnessed by a notary public or other official such as a lawyer. In some cases, an Affidavit Declaration may also be used to curse or affirm an oath, such as in the case of an Affirmation of Citizenship. When used in this way, the document serves as a record of the individual’s oath-taking ceremony. Affidavit Declarations can also be used for personal purposes, such as when making a declaration of income for tax purposes. In this case, the Affidavit Declaration would be signed by the individual and witnesses would not be required. Whether for legal or personal use, Affidavit Declarations must be accurate and truthful statements; making false statements in an Affidavit Declaration can result in criminal penalties.

What is a Statutory Declaration?

A Statutory Declaration is a written statement that is sworn or affirmed to be true in the presence of an authorized witness. Statutory Declarations are typically used to make a formal declaration when first-hand knowledge of the facts is not available, such as in the case of lost or stolen documents. In order to make a Statutory Declaration, the person making the declaration (known as the “declarant”) must appear before an authorized witness and sign the declaration in front of them. The witness must then sign the declaration to attest to the truthfulness of the statements therein. Once signed and witnessed, a Statutory Declaration has the same legal weight as a sworn affidavit.

Difference between Affidavit and Statutory Declaration

Affidavits and statutory declarations are two closely related legal documents that both have the same general purpose of serving as sworn statements or declarations for use in legal proceedings. While there are some important distinctions between the two, they are often used interchangeably in practice. Affidavits, which tend to be more formal, are often required by law when making certain types of official declarations, such as under oath when testifying in court. Meanwhile, a statutory declaration is more commonly associated with situations where a personal affirmation of fact is required without affirming under oath. Overall, while these two documents share many similarities, they must be considered separately when determining their appropriate use in specific legal contexts.


The main difference between an affidavit and a statutory declaration is that an affidavit must be sworn or affirmed before a notary public, while a statutory declaration can be made in front of any person who is authorized to witness declarations. Both documents have the same legal effect, but an affidavit is generally seen as being more reliable because it has been sworn to or affirmed.

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