How to Write a Statutory Declaration: A Comprehensive Guide

A statutory declaration is a formal written statement that a person (the declarant) signs and declares to be true before an authorized witness. It’s a legally recognized document used in many situations where evidence is required, but a sworn oath (affidavit) isn’t necessary. Knowing how to write a proper statutory declaration is crucial to ensure its validity and acceptance. This comprehensive guide provides detailed steps and instructions to help you create a clear, accurate, and legally sound statutory declaration.

What is a Statutory Declaration?

Before diving into the how-to, let’s clarify what a statutory declaration is and its purpose. A statutory declaration is a statement of facts that you solemnly declare to be true. It carries legal weight because you are making the statement under the authority of a specific statute (law). Making a false statement in a statutory declaration can have serious consequences, including fines or even imprisonment.

Statutory declarations are commonly used in various situations, including:

• Proof of Identity: To confirm your identity when other forms of identification are unavailable or insufficient.
• Proof of Residency: To verify your address for various purposes, such as enrolling in school or accessing local services.
• Insurance Claims: To provide evidence supporting your insurance claim.
• Legal Matters: To provide evidence in legal proceedings, such as small claims court or family law matters.
• Affirming Ownership: For example, stating ownership of property or goods when formal documentation is lacking.
• Explaining Missing Documents: Explaining why you cannot provide original documents like a birth certificate or passport.
• Superannuation Claims: Making declarations related to superannuation access or entitlements.
• Visa Applications: To support statements made in visa applications.

Key Elements of a Statutory Declaration

A valid statutory declaration typically includes the following key elements:

• Heading/Title: Clearly indicates the document is a statutory declaration.
• Declarant’s Details: Full name, address, and occupation of the person making the declaration.
• Body of the Declaration: A clear and concise statement of the facts being declared.
• Declaration Statement: A specific statement affirming the truthfulness of the declaration. This varies slightly depending on the jurisdiction, but usually includes words like “solemnly and sincerely declare” or “truthfully declare”.
• Signature of Declarant: The declarant’s signature, signed in the presence of an authorized witness.
• Date of Declaration: The date the declaration is signed.
• Witness Details: Name, qualification, and signature of the authorized witness.
• Jurisdictional Requirements: Specific wording or formatting requirements as defined by the relevant statute in your location.

Step-by-Step Guide to Writing a Statutory Declaration

Follow these steps to write a clear, accurate, and legally sound statutory declaration:

Step 1: Determine the Purpose and Scope

Before you start writing, clearly define the purpose of your statutory declaration. What facts are you trying to establish? What is the declaration intended to be used for? Understanding the purpose will help you focus on the relevant information and avoid unnecessary details.

Consider the following questions:

• Why do you need to make this declaration?
• What specific facts do you need to declare?
• Who will be receiving this declaration?
• Are there any specific requirements or guidelines provided by the recipient?

For example, if you’re declaring the loss of your passport, the purpose is to provide evidence to the relevant authorities (e.g., passport office) to support your application for a replacement. The scope will include details about the passport, when and where it was lost, and any circumstances surrounding the loss.

Step 2: Gather Relevant Information and Documents

Collect all the information and documents you need to support your statements. This might include dates, locations, names, addresses, document numbers, and any other relevant details. Having accurate information readily available will ensure your declaration is accurate and credible.

Examples of supporting documents might include:

• Copies of identification documents (e.g., driver’s license, passport).
• Utility bills to prove residency.
• Photographs.
• Emails or letters.
• Bank statements.
• Receipts.
• Other relevant correspondence.

While you don’t typically attach these documents to the statutory declaration itself, you should keep them organized and readily available in case they are requested as further evidence.

Step 3: Choose the Correct Template or Format (If Applicable)

In some jurisdictions or for specific purposes, there might be a prescribed template or format for statutory declarations. Check with the relevant authority or organization to see if a specific form is required. Using the correct template ensures that your declaration complies with all legal requirements.

If no specific template is required, you can use a general statutory declaration format. Many online resources provide free templates that you can adapt to your specific needs. However, always review the template carefully to ensure it complies with the legal requirements of your jurisdiction.

Step 4: Draft the Body of the Declaration

The body of the declaration is the most important part of the document. It should contain a clear, concise, and accurate statement of the facts you are declaring. Follow these guidelines when drafting the body:

• Use Clear and Simple Language: Avoid legal jargon or technical terms that may be difficult for others to understand. Use plain language that is easy to read and comprehend.
• Be Specific and Detailed: Provide as much relevant detail as possible to support your statements. Include dates, times, locations, names, and other specific information.
• Be Truthful and Accurate: Only declare facts that you know to be true. Do not exaggerate or omit any information. Remember that making a false statement in a statutory declaration is a serious offense.
• Use Numbered Paragraphs: Organize your statements into numbered paragraphs for clarity and easy reference.
• Maintain a Logical Order: Present the facts in a logical and chronological order to make it easier for the reader to follow.
• Focus on Relevant Information: Only include information that is directly relevant to the purpose of the declaration. Avoid including irrelevant or extraneous details.
• Review and Revise: After you have finished drafting the body, review it carefully to ensure it is accurate, clear, and complete. Revise it as needed to improve its clarity and accuracy.

Here’s an example of how to draft the body of a statutory declaration regarding the loss of a passport:

1. My name is John Smith, and I am a resident of 123 Main Street, Anytown, USA. My occupation is a software engineer.
2. On July 15, 2024, I was traveling in Paris, France.
3. On the evening of July 15, 2024, I discovered that my passport was missing from my backpack.
4. I believe that my passport was lost or stolen while I was walking from the Eiffel Tower to my hotel.
5. I have reported the loss of my passport to the local police in Paris.
6. My passport number is XXXXXXXX, and it was issued on January 1, 2020, in Washington, D.C.
7. I have not given my passport to anyone else, and I am unaware of its current location.
8. I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1959.

Step 5: Include the Correct Declaration Statement

The declaration statement is a crucial part of the statutory declaration. It is the statement that affirms the truthfulness of the facts you have declared. The wording of the declaration statement varies slightly depending on the jurisdiction. It’s essential to use the correct wording as prescribed by the relevant statute.

Here are some examples of declaration statements used in different jurisdictions:

• Australia: “I solemnly and sincerely declare that the contents of this declaration are true and correct, and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1959.”
• United Kingdom: “I solemnly and sincerely declare that the contents of this declaration are true, and I make this declaration conscientiously believing the same to be true.”
• Canada: “I solemnly declare that the contents of this declaration are true, and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath.”

Always check the specific requirements of your jurisdiction to ensure you are using the correct declaration statement.

Step 6: Sign and Date the Declaration

Sign the statutory declaration in the presence of an authorized witness. The signature should be legible and should match the name you have provided in the declarant’s details. Write the date you are signing the declaration on the document. The date should be accurate and reflect the actual date of signing.

Important: Do not sign the declaration before you are in the presence of an authorized witness. The witness must be present when you sign the document.

Step 7: Have the Declaration Witnessed by an Authorized Witness

A statutory declaration must be witnessed by an authorized witness. An authorized witness is a person who is authorized by law to witness statutory declarations. The list of authorized witnesses varies depending on the jurisdiction, but it typically includes:

• Justices of the Peace (JPs)
• Lawyers
• Notaries Public
• Police Officers
• Commissioners for Declarations
• Certain other professionals (e.g., doctors, teachers)

Check the specific requirements of your jurisdiction to determine who is authorized to witness statutory declarations. When you appear before the witness, you will need to provide identification and declare that the contents of the declaration are true. The witness will then sign and date the declaration and provide their name, qualification, and address.

The witness’s details are essential for the validity of the statutory declaration. Make sure the witness provides all the required information and signs the declaration correctly.

Step 8: Review and Keep a Copy

Before submitting the statutory declaration, review it one last time to ensure it is accurate, complete, and properly signed and witnessed. Make a copy of the signed declaration for your records. This copy can be useful if you need to refer to the declaration in the future or if the original is lost or damaged.

Tips for Writing an Effective Statutory Declaration

Here are some additional tips to help you write an effective statutory declaration:

• Be Organized: Present the facts in a logical and chronological order. Use numbered paragraphs to make the declaration easy to read and understand.
• Be Consistent: Ensure that the information you provide is consistent throughout the declaration. Avoid contradictions or inconsistencies that could undermine your credibility.
• Be Concise: Avoid unnecessary repetition or wordiness. Get straight to the point and provide only the information that is relevant to the purpose of the declaration.
• Proofread Carefully: Before signing the declaration, proofread it carefully for any errors in grammar, spelling, or punctuation. Even small errors can undermine the credibility of the document.
• Seek Legal Advice: If you are unsure about any aspect of writing a statutory declaration, seek legal advice from a lawyer or other qualified professional.

Common Mistakes to Avoid

Here are some common mistakes to avoid when writing a statutory declaration:

• Providing False Information: Making a false statement in a statutory declaration is a serious offense that can have legal consequences.
• Omitting Relevant Information: Failing to include relevant information can undermine the credibility of the declaration.
• Using Ambiguous Language: Use clear and precise language to avoid confusion or misinterpretation.
• Failing to Sign in the Presence of an Authorized Witness: The declaration must be signed in the presence of an authorized witness to be valid.
• Using the Incorrect Declaration Statement: Use the correct declaration statement as prescribed by the relevant statute in your jurisdiction.
• Submitting an Incomplete or Incorrectly Witnessed Declaration: Ensure that all required information is provided and that the declaration is properly signed and witnessed before submitting it.

Example Statutory Declaration Template

Here’s a general example of a statutory declaration template. Remember to adapt it to your specific needs and jurisdiction’s requirements.

[HEADING: STATUTORY DECLARATION]

I, [YOUR FULL NAME], of [YOUR ADDRESS], [YOUR OCCUPATION], solemnly and sincerely declare as follows:

1. [Statement of Fact 1]
2. [Statement of Fact 2]
3. [Statement of Fact 3]
4. [Continue with numbered statements as needed]

I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the [Name of Relevant Act, e.g., Statutory Declarations Act 1959 (Commonwealth of Australia)].

Declared at [Location] this [Date].

_____________________________
[Your Signature]

Before me,

_____________________________
[Signature of Authorized Witness]

_____________________________
[Name of Authorized Witness]

_____________________________
[Qualification of Authorized Witness, e.g., Justice of the Peace]

_____________________________
[Address of Authorized Witness]

Conclusion

Writing a statutory declaration requires careful attention to detail and adherence to specific legal requirements. By following the steps outlined in this guide, you can create a clear, accurate, and legally sound statutory declaration that will be accepted by the relevant authorities. Remember to always be truthful, accurate, and specific in your statements, and to have the declaration properly witnessed by an authorized witness. When in doubt, seek legal advice from a qualified professional.