If you have been asked to provide a “statutory declaration” by an authority in the United Kingdom, Australia, Canada, or New Zealand, you may be wondering what it is, how it differs from an affidavit, and where to get one in South Africa. This guide covers everything you need to know.
What Is a Statutory Declaration?
A statutory declaration is a formal written statement of facts made solemnly and sincerely, but not under oath. The declarant confirms the contents are true and signs before an authorised witness — typically a notary public.
The key distinction: a statutory declaration is not sworn on oath, unlike an affidavit. Instead, the declarant makes a solemn declaration acknowledging that false statements carry legal consequences.
Statutory declarations are well-established across the Commonwealth. South African notaries public routinely prepare them for use abroad.
Statutory Declaration vs Affidavit
Affidavit
- Made under oath or solemn affirmation
- Sworn before a commissioner of oaths or notary public
- Widely used in South African legal proceedings
- False statements constitute perjury
Statutory Declaration
- Made solemnly and sincerely, not under oath
- Signed before an authorised witness such as a notary
- Primarily used by Commonwealth countries (UK, Australia, Canada, NZ)
- False statements are a criminal offence in the receiving jurisdiction
If a foreign authority asks for a statutory declaration, an affidavit will generally not be accepted — and vice versa.
When Is a Statutory Declaration Required?
UK Pension and Benefits
HMRC and the Department for Work and Pensions frequently require statutory declarations — to confirm marital status, proof of life, or financial circumstances.
Australian Immigration
The Australian Department of Home Affairs uses statutory declarations extensively — for relationships, character references, or facts not verifiable by other evidence.
Canadian Government Forms
Various Canadian authorities require statutory declarations for immigration, pension claims, and identity confirmation.
Other Common Uses
- Confirming a change of name
- Declaring lost or destroyed documents
- Foreign insurance claims
- Applications to foreign professional bodies
- Foreign inheritance or estate matters
Prescribed Forms
Many foreign authorities supply a specific form. Bring it to your appointment — the notary will review it and ensure correct completion. Do not sign beforehand — the notary must witness your signature.
If no form is provided, the notary prepares the declaration using appropriate wording for the receiving country.
The Process
1. Gather Documents
- Valid SA ID or passport
- Prescribed form (if provided)
- Supporting documents
- Contact details of the requesting authority
2. Appear in Person
You must appear before the notary. Cannot be done remotely or by proxy.
3. Review and Sign
The notary reviews the document, confirms your understanding, and you sign in the notary’s presence.
4. Notarial Certificate and Seal
The notary attaches a notarial certificate with their official stamp and seal. The process takes 15 to 30 minutes. Walk-in service available.
Can It Be Apostilled?
Yes. The statutory declaration can be apostilled via the High Court for use in all Hague Convention member countries. We handle the apostille process on your behalf.
Why Use a Notary Public?
- International recognition — widely accepted abroad
- Apostille eligibility — only notarised documents can be apostilled via the High Court
- Professional accountability — notaries are officers of the High Court
- Experience — we regularly handle declarations for UK, Australian, Canadian, and NZ authorities
See our notary public services page for more.
Frequently Asked Questions
Is a statutory declaration the same as an affidavit?
No. An affidavit is under oath; a statutory declaration is a solemn declaration without an oath. Provide whichever the foreign authority has requested. See our affidavits and declarations page.
How much does it cost?
Fees vary depending on complexity and whether apostille is required. Contact us for a quote.
Do I need an appointment?
No. Walk-in service available. 15–30 minutes for standard declarations. For complex matters, contact us beforehand.
Can someone else sign on my behalf?
No. You must appear in person before the notary.
Can it be used in the UK, Australia, or Canada?
Yes. A statutory declaration from a South African notary public is recognised in Commonwealth countries. If apostille is required, we arrange it via the High Court.
Ready to Get Your Statutory Declaration?
Our Pretoria office has provided notarial services since 1995. Whether for a UK pension, Australian immigration, or any Commonwealth requirement, we can assist quickly and professionally.
Walk in or contact us today. Bring your ID and any forms — we will take care of the rest.