Preparing an Affidavit or Statutory Declaration

What are these documents?

• Affidavit: A written statement of facts that you swear or affirm is true. It is often used as evidence in court. The person making the affidavit is called a 'deponent'.

• Statutory Declaration: A written statement of facts that you solemnly declare to be true. It is made under the Statutory Declarations Act, 1938, and is often used for non-court related matters.

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General Steps (Please remember to seek legal advice for your specific needs):

For Affidavits :

1. Identify the Purpose: Understand why you need the affidavit and what information must be included for the court or legal process.

2. Gather Information: Collect all necessary details, dates, names, and any supporting documents.

3. Draft the Affidavit: If you are drafting it yourself, it generally needs to include:

   • The title of the case (if it's for court).

   • Your full name, address, and occupation.

   • A statement that you are over 18 (or your age if not).

   • The facts you want to present as evidence, clearly written in numbered paragraphs. You should explain how you know these facts.

   • Your signature and the date you signed it.

   • A section called a 'jurat' for the Commissioner for Oaths (like me) or a solicitor to sign and verify that you properly swore the oath.

4. Swearing the Affidavit:

   • You will need to appear before a Commissioner for Oaths (like me) or a practising solicitor.

   • You will be asked to confirm you have read and understood the contents.

   • You will swear an oath (often on a religious text) or make an affirmation that the contents are true.

   • You will then sign the affidavit in my presence.

   • I will complete and sign the 'jurat' to verify the swearing.

5. Submitting to Court (if applicable): If the affidavit is for court, you will need to lodge it with the court office and pay a fee. You will also usually need to send a copy to the other party in the case.

 

For Statutory Declarations:

1. Identify the Purpose: Understand why you need the statutory declaration and what information needs to be declared.

2. Draft the Declaration: The standard format is usually:

   "I, [Your Full Name], do solemnly and sincerely declare that:— [Your statement of facts, usually in numbered points] And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938. (Signed) [Your Signature] Declared before me by [Commiser Of Oaths] who is personally known to me (or who is identified to me by [Name of Identifier] who is personally known to me) at [Location] this [Day] day of [Month], [Year]. [Your Signature as Commissioner for Oaths]"  

3. Signing the Declaration:

   • You must sign the declaration in my presence.

   • I will then sign an attestation at the end of the declaration, confirming that you signed it in front of me and that I either know you personally or you were identified to me by someone I know.

Important Considerations for Both:

• Accuracy: You must ensure that all the information you provide is true and accurate to the best of your knowledge and belief.

• Understanding: Make sure you fully understand the content of the document before you swear the oath or make the declaration.

• Fees: There may be court fees associated with lodging affidavits. Commissioners for Oaths (like me) are entitled to charge a fee for witnessing your signature on both affidavits and statutory declarations.

Seek Legal Advice:

The information provided here is for general guidance only. Preparing an affidavit or statutory declaration can have significant legal consequences. It is strongly recommended that you consult with a solicitor to:

• Determine if an affidavit or statutory declaration is the correct document for your needs.

• Ensure the content of your document is legally sound, accurate, and complete.

• Understand the legal implications of the statements you are making.

• Receive assistance with drafting the document correctly.

As a Commissioner for Oaths, my role is limited to administering the oath or receiving the declaration. I cannot advise you on the legal content or effect of your document.