Difference between an affidavit and a statutory declaration
affidavit vs statutory declaration:
In an age where legalities are foremost when conducting any sort of activity, legal documents play an important role in all societal and personal functions. Affidavit and statutory declaration are two such documents which thus play an important part in these matters. While law students may be overtly familiar of the evils and the goods of these two documents, certain people may be utterly confused by these terms. Therefore, this article seeks to explore the various components which makes up these documents and the reason as to why they are of such importance to an ordinary human being.
What is an affidavit?
The term ‘affidavit” is derived out of the medieval Latin term which means “for he has declared upon oath” can be defined as a sort of a written statement of what a person believes to be correct and true and made upon oath or affirmation and signed in the presence of a person who is authorised to administer oaths who is normally a solicitor. The person signing the affidavit who is referred to as the affiant is required to provide true information and he or she is required to swear that the provided information is correct and true to the best of his or her knowledge and an authorized personal is required to attest to it thereby making it legal. An affidavit is usually presented as evidence in a court of law and knowingly presenting a false affidavit is considered as contempt of law and is thereby punishable by lw.
What is a statutory declaration?
A statutory declaration is a legal document which exists in commonwealth countries and is usually required by Courts and Home Office Immigration & Nationality directorate which must comply with the provisions of the Statutory Declarations Act 1835 (England). It is similar to an affidavit and as similarly, it needs to be signed in front of someone who is duly authorised by the Court, such as a solicitor, commissioner for oaths, notary public, justice of the peace. A statutory declaration is usually required for declarations of identity, nationality, marital status, etc in the absence of other valid evidence, obtaining statements of originality for patent applications, declaring the intention to change one’s name, etc.
What is the difference between a statutory declaration and an affidavit?
Both affidavit and statutory declarations are similar documents which undergo similar procedure such as the applicant stating the information supplied in correct and true to the best of his or her knowledge and a personnel authorized by court attesting to it as well. And yet, a statutory declaration is an essential document in commonwealth countries which must comply with the provisions of the Statutory Declarations Act 1835 (England) whereas an affidavit is not.
An affidavit can be used as evidence in court whereas a statutory declaration can be used in matters outside court such as proof of death to be used for land transfer when one of the grantor dies. An affidavit is a sworn oath and yet, a statutory declaration is not an oath but a mere declaration which is not sworn.
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