How to fill out a statutory declaration of freedom

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    What is a Statutory Declaration?

    A Statuory Declaration (also known as a Stat Dec) is a legal document and written statement confirming that something is true.

    People usually make them when there is no other evidence available.

    To make a Stat Dec, you must follow a prescribed format as governed by the Statutory Declarations Act 1835 (the Act).

    This is our guide to Stat Decs which explains how they are used, provides a template and tells you how you can get yours officially signed.

    The Act requires that a Stat Dec must be signed in the presence of an authorised witness:

    • Notary
    • Solicitor/Commissioner for oaths
    • Justice of the Peace
    • A Major in the British Army
    • Lieutenant-Commander of the Royal Navy
    • Squadron Leader of the Royal Air Force
    • UK Diplomatic officers when outside Scotland, England and Wales or NI.

    

    What do you write in a statutory declaration?

    The Statutory Declarations Act 1835 mandates the use of certain wording.

    Here are the words you need to use:

    "I [name of person making the declaration] of [insert your address] do solemnly and sincerely declare that:

    [Set out here the facts you are declaring]

    and I make this solemn declaration conscientiously believing the same to be true, by virtue of the provisions of the Statutory Declarations Act 1835"

    So there we have it. The two pieces of writing in bold transform a normal document into a Statutory Declaration.

    Your Declaration should look something like this:

    Statutory Declaration Template

    STATUTORY DECLARATION

    I JOSEPH BLOGGS of 1 Any Street Anytown England AN1 4PY, do solemnly and sincerely declare that:

    1. My name is JOSEPH ANDREW BLOGGS and I was born on 1 January 2000.
    2. I am also known as JOE BLOGGS
    3. I am the same person as the JOE BLOGGS mentioned on my degree certificate issued on 30 June 2020 from the University of Oxford. A true copy of which is exhibited hereto.

    And I make this solemn declaration conscientiously believing the same to be true, by virtue with the Statutory Declarations Act 1835

    DECLARED by JOSEPH ANDREW BLOGGS (otherwise known as JOE BLOGGS)

    At London on 25 December 2023

    BEFORE ME

    A commissioner for oaths/solicitor/a notary public/a person authorised to administer oaths.

    Stat Dec FAQs

    What is a Statutory Declaration used for?

    Stat Decs can help resolve a number of legal matters. Here are the most common:

    • Proof of single status or no impediment to marrying (often needed when you are marrying overseas)
    • Declare your single status when getting married abroad.
    • Applying for a Gender Recognition Certificate (see https://www.gov.uk/government/publications/gender-recognition-certificate-statutory-declarations-for-applicants)
    • Applying for an Overseas Citizen of India (OCI) Card. E.g. Applying for a spouse, or if your name has changed. (See: https://services.vfsglobal.com/one-pager/india/united-states-of-america/oci-services/pdf/sworn-affidavit.pdf)
    • Providing evidence when certain documents are not available. E.g. declaring that a copy of a document is the true copy of the original.
    • Providing evidence in property matters. E.g. declaring that a person had rights of access or rights of way.
    • Discrepancy in Names. E.g. the name in your degree certificate is different from the name on your passport or birth certificate.)
    • Statutory declaration name change - you can use a Stat Dec to change your name.
    • Penalty Charge Notices - setting out information in challenging PCNs
    • DPS Statutory Declaration Form in relation to protected deposits. (See: https://www.depositprotection.com/repayments/statutory-declaration-process-tenants)
    • Contracting out of the Landlord and Tenant Act 1954
    • Declaring your solvency or insolvency

    How Do You get a Stat Dec?

    • Draft your own using sample of a Statutory Declaration above - it's that simple !
    • Download it - many government departments/private organisations have prescribed processes and prescribed forms that you can download.
    • Get a lawyer to do it for you
    • Find a solicitor or give us a call on +442074992605

    If you need a Stat Dec, we can draft it for you. Just send us an email outlining what you need to declare.

    Requirements for a Statutory Declaration

    • Compliance with prescribed wording
    • Signing in presence of an authorised witness
    • Identification requirements (photographic ID and proof of address)
    • Witness's signature and details

    What to say when swearing a Statutory Declaration?

    • The Notary will guide you through what needs to be said. The prescribed statement for swearing a Statutory Declaration is: 'I solemnly and sincerely declare that this is my name and handwriting and the contents of my declaration are true.'

    Can two people swear the same declaration?

    • Yes, two people can swear the same declaration provided that it is drafted in a way that accommodates this.

    What happens if you make a false Statutory declaration?

    • You are guilty of an offence under the Perjury Act 1911 which comes with a conviction to a term of imprisonment for up to two years, or a fine or both fine and imprisonment.

    Stat Dec Case Studies

    Proving identity

    David Johnson had issues with different names on his identity documents. His birth certificate said "David Jonathan Johnson," but his passport and driver's license said "David Johnson."

    David needed a mortgage, but the name differences caused confusion and delays. The lender needed proof that "David Jonathan Johnson" and "David Johnson" were the same person.

    David suggested to the bank that he make a stat dec as evidence of his identity.

    He visited the Edward Young Notaries & Lawyers website. He used the stat dec template to draft his own document, stating he was one and the same person.

    David made an appointment with a notary, signed the statutory declaration, and had it witnessed by the notary.

    The bank accepted the declaration as proof, and David's mortgage application went through without further issues.

    Establishing Marital Status Abroad

    Sarah Collins wanted to marry her fiancé in France. To do this, she had to prove she was single. This is because French authorities required proof of marital status from foreign nationals.

    Sarah didn't have a Certificate of No Impediment, a document that proves someone is not already married.

    Getting this certificate from her local office would take several weeks, which could delay her wedding.

    Instead of waiting, Sarah used a statutory declaration. This is a formal statement that she was single and free to marry.

    Sarah stated in her declaration that she had never been married.

    Sarah signed the document in front of a Notary. She also obtained an Apostille to make sure there were no come backs. To find information on what an Apostille is, visit our Apostille Guide.

    The French authorities accepted the statutory declaration, and Sarah's wedding went ahead as planned. This shows that statutory declarations can be a quick solution when other documents aren't available.