When it comes to legal documentation, affidavits vs statutory declarations are two commonly used statements that confirm facts in various personal, business, and legal matters. While they may seem similar, there are key differences between them, including legal implications, how they are notarized, and the consequences of incorrect filing.
As the leading notary in Surrey and Langley, I have penned down the key differences between affidavits and statutory declarations.
What Is a Statutory Declaration?
A statutory declaration is a written statement confirming certain facts to be true, but it is not sworn under oath. Instead, it is signed in the presence of an authorized witness, such as a notary public, justice of the peace (JP), or lawyer.
Common Uses of a Statutory Declaration
- Proof of identity for government applications (e.g., passport renewal)
- Confirming financial status for loans or insurance claims
- Legal name change declarations
- Visa or immigration applications
- Business transactions requiring sworn statements
What is an Affidavit?
An affidavit is a sworn statement made voluntarily by an individual, signed in the presence of an authorized official. Unlike a statutory declaration, an affidavit is made under oath, meaning providing false information can lead to perjury charges.
What is an Affidavit used for?
- Court proceedings (family law, property disputes, civil cases)
- Divorce and child custody matters
- Proof of debt or financial claims
- Sworn testimony in the absence of a witness
- Evidence in workplace disputes
Does an Affidavit have to be Notarized?
Yes, most affidavits must be notarized. Notarization confirms the identity of the signer and verifies that the statement was made under oath, ensuring its legal validity. Requirements can vary by jurisdiction, so it’s wise to check local rules.
Read Also: Reasons Why Hiring a Notary is Crucial for Legal Documentations
How do you Write an Affidavit?
Start by titling the document as an affidavit and include your full name and contact details. Clearly state the facts in numbered paragraphs, and end with a declaration that the contents are true. Finally, sign the document in the presence of a notary, who will complete the notarization process.
If you need any help, read this guide about preparing an affidavit in BC or contact NotaryinClayton, where Brittany Ratzlaff can guide you through the process.
Affidavit vs Statutory Declaration: Understanding with Examples & Use Cases
Example 1: Affidavit for a Name Change
Sarah recently got married and wants to update her name on official documents. However, some institutions require proof of her previous name. She signs an affidavit for name change, swearing under oath that she previously went by her maiden name.
Example 2: Statutory Declaration for Visa Application
John is applying for a partner visa and needs to prove his relationship history. He submits a statutory declaration outlining his relationship timeline, living arrangements, and shared financial responsibilities.
Example 3: Affidavit for Court Testimony
Tom witnessed a car accident but cannot attend court. Instead, he provides a sworn affidavit, detailing what he saw. His signed affidavit can now be used as legal evidence in the case.
Key Differences: Affidavit vs. Statutory Declaration
Legal Implications & Consequences of Incorrect Filing
- False Information in an Affidavit → Considered perjury, a serious offense that can result in fines or even jail time.
- Incorrectly Filled Out Affidavit → The court may reject your document, delaying legal proceedings.
- False Information in a Statutory Declaration → Can result in civil penalties or legal disputes, but does not carry criminal charges like perjury.
- Missing Signatures or Notarization → An affidavit or statutory declaration without proper witnessing is invalid and cannot be used.
Who Can Witness or Sign These Documents?
In British Columbia, affidavits and statutory declarations must be signed in the presence of an authorized witness.
The following professionals are legally allowed to witness these documents:
- Notary Public
- Justice of the Peace (JP)
- Lawyers and Legal Practitioners
- Commissioner for Declarations
- Bank Officers (with 5+ years of service)
- Police Officers
- Medical Practitioners
If you’re unsure, contact NotaryinClayton and we will guide you through the entire process.
How much does Statutory Declaration cost in Surrey, Langley, BC?
The cost of notarizing statutory declarations in Surrey, Langley and nearby areas in BC is $40-$80 depending on the notary and type of your document.
Note: It just takes 10-30 minutes for getting the statutory declarations notarized in-person.
How much does Affidavit cost in Surrey, Langley, BC?
The cost of each oath administered and each affidavit in Surrey, Langley and nearby areas in BC costs $15 – $150 (court-related documents may cost more). However, to get the exact quote, contact us at NotaryinClaytion and we will give you a transparent quote.
Note: Court-validated affidavits may take a few days to be processed.
How to Prepare for Notarization?
- Bring Valid Identification (passport, driver’s license)
- Ensure the Document Is Fully Prepared (but do NOT sign beforehand)
- Bring Any Supporting Evidence (if required, such as financial records)
- Know Your Witness Requirements (some documents need multiple signatories)
Note: Double-check spelling, names, and dates before signing.
Common Mistakes to Avoid
- Signing Before Meeting the Notary → The notary must witness your signature.
- Using the Wrong Document Type → Make sure you actually need an affidavit vs. a statutory declaration.
- Not Checking Regional Requirements → Laws vary by state and country.
- Incorrect Formatting → Courts may reject affidavits that do not meet formal requirements.
Conclusion
Affidavits and statutory declarations serve different legal purposes. Ensuring these documents are correctly filled out, signed by the right witnesses, and notarized can prevent legal complications and delays.
Secure your Legal Documents with CH Notary
Affidavits and statutory declarations each play a unique role in the legal process, and getting them right is essential. That’s why partnering with a trusted professional matters. At CH Notary in Surrey, we ensure your documents are accurately prepared, witnessed, and notarized with the utmost care.
As the trusted notary service in Surrey, Langley, and nearby areas, we’re here to help you avoid delays and complications. Contact CH Notary today for professional service and peace of mind
Don’t risk errors—get your documents notarized today.