Updated: January 2026 • Based on UK Law
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What Is a Statutory Declaration in the UK?
A statutory declaration is a written statement of fact you sign and swear to be true before an authorised person. Governed by the Statutory Declarations Act 1835, making a false declaration is a criminal offence punishable by up to two years imprisonment.
This guide covers legal requirements, witnessing rules, costs, and common uses, with a free interactive checklist.
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A statutory declaration with incorrect wording or an ineligible witness will be rejected. If your declaration is for court proceedings and it fails, your case may be struck out. Declarations for immigration, property registration, or gender recognition that don’t comply with legal requirements cause serious delays — often months. Worst case: making a false declaration carries up to two years in prison.
This comprehensive guide explains exactly how to make a statutory declaration, who can witness it, what the legal requirements are, and how much it should cost. We cover the Statutory Declarations Act 1835, the correct wording, and the situations where you need a statutory declaration versus other documents.
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When You Need One, Who Can Witness & What to Bring
What Is a Statutory Declaration
What Is a Statutory Declaration in UK Law?
A statutory declaration is a written statement that you formally declare to be true in the presence of an authorised witness. Under UK law, it carries the same legal weight as evidence given under oath in court — making a false declaration is perjury.
Key requirements:
- Prescribed wording from Statutory Declarations Act 1835
- Signed in physical presence of authorised witness
- Witness verifies your identity and signs
Common uses include: confirming identity when documents are lost, declaring you are free to marry, confirming property ownership for Land Registry (often alongside a declaration of trust), supporting immigration applications, and making declarations for gender recognition certificates.
What Is the Statutory Declaration Act in the UK?
The Statutory Declarations Act 1835 governs statutory declarations in England and Wales. It establishes who can witness, the legal effect, and penalties for false declarations. A statutory declaration must be made before a person authorised to administer oaths — solicitors, commissioners for oaths, notaries public, or justices of the peace. Scotland has separate legislation (Statutory Declarations (Scotland) Act 2005).
What Makes a Declaration Legally Binding?
The prescribed wording must include: “I [name] do solemnly and sincerely declare that [the facts being declared] and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.” Any deviation may invalidate the declaration.
How to Make a Statutory Declaration
How to Do a Statutory Declaration in the UK?
To make a statutory declaration in the UK: first, prepare the written declaration document containing the facts you wish to declare plus the prescribed statutory wording. Second, find an authorised witness (solicitor, commissioner for oaths, notary public, or justice of the peace). Third, attend in person before the witness with valid photo ID. Fourth, sign the declaration in the witness’s presence while verbally declaring the contents are true. Fifth, the witness signs and adds their details and qualification.
You cannot sign the declaration before meeting the witness — it must be signed in their presence. The witness will ask you to read the declaration, confirm you understand it, and then make a verbal declaration that the contents are true before you sign. The witness then signs, adds the date, their name, address, and the capacity in which they are authorised to administer oaths.
How to Swear a Statutory Declaration in the UK?
To swear a statutory declaration, you attend before an authorised person with your unsigned declaration document. They will ask you to hold a religious text (Bible, Quran, etc.) and repeat words to the effect: “I swear by Almighty God that this is my name and handwriting and that the contents of this my declaration are true.” You then sign the declaration while the witness observes.
If you do not wish to swear on a religious text, you can affirm instead. The affirmation wording is: “I do solemnly, sincerely and truly declare and affirm that this is my name and handwriting and that the contents of this my declaration are true.” Affirmations have identical legal effect to sworn declarations — there is no difference in validity.
How to Get a Statutory Declaration Signed in the UK?
To get your statutory declaration properly signed: contact a local solicitor’s office and ask if they offer oath/declaration services (most do). Book an appointment — walk-ins are sometimes possible but appointments are more reliable. Bring your unsigned declaration document, valid photo ID (passport or driving licence), and cash for the fee (typically £5-£20). At the appointment, the solicitor will verify your identity, witness you sign, and add their own signature and details.
Alternative options include: magistrates’ courts (fee £27, requires appointment), notaries public (more expensive, typically £50+, but may be required for international use), and some Citizens Advice offices or community legal services (may offer free or reduced-cost witnessing for eligible individuals).
Ready-to-use template: Statutory Declaration Template with prescribed wording
Can I Write My Own Statutory Declaration in the UK?
Yes — you can write your own statutory declaration in the UK. There is no legal requirement to have a solicitor draft the document. You simply need to include: your full name and address, a clear statement of the facts you are declaring, and the prescribed wording from the Statutory Declarations Act 1835 at the end. The document must be typed or clearly handwritten.
However, if the statutory declaration is for a specific purpose (court proceedings, Land Registry, immigration, gender recognition), there may be prescribed forms or specific wording requirements. Always check if a standard form exists for your purpose before drafting your own. Using incorrect wording or missing required information will result in rejection.
Who Can Witness a Statutory Declaration
Can a Family Member Witness a Statutory Declaration in the UK?
No — a family member cannot witness a statutory declaration in the UK. The witness must be an authorised person under the Statutory Declarations Act 1835, which means: a practising solicitor, a commissioner for oaths, a notary public, a justice of the peace, or certain other officials specified by law. Simply being an adult or being unrelated is not sufficient.
Even if a family member happens to be a solicitor, they should not witness your statutory declaration because of the independence requirement. The witness must be independent of the matter being declared. If a related solicitor witnesses your declaration, it may be challenged or rejected, particularly in contentious matters or court proceedings.
Can a Non-Practising Solicitor Witness a Statutory Declaration in the UK?
No — a non-practising solicitor cannot witness a statutory declaration. Only solicitors who hold a current practising certificate issued by the Solicitors Regulation Authority (SRA) are authorised to administer oaths and witness statutory declarations. A solicitor who has retired, been struck off, or simply not renewed their practising certificate loses this authority.
The witness must add their qualification details when signing, including their practising certificate number or equivalent registration. If you are unsure whether someone is a practising solicitor, you can verify their status on the SRA website’s solicitor search tool. Using a non-authorised witness invalidates the declaration entirely.
Does a Statutory Declaration Need to Be Notarized?
No — a statutory declaration for use within the UK does not need to be notarized. A solicitor or commissioner for oaths is sufficient for domestic purposes. However, if the statutory declaration will be used abroad, you may need a notary public. Many foreign countries and their embassies only accept documents notarized by a notary public, not those witnessed by a solicitor.
Notarization is more expensive (typically £50-£150+) but provides additional authentication that is recognised internationally. If your declaration is for immigration purposes, foreign court proceedings, or international business, check with the relevant foreign authority whether notarization is required before having it witnessed by a standard solicitor.
Costs & Fees
How Much Does a Statutory Declaration Cost in the UK?
The statutory fee for a solicitor to witness a declaration is £5 per document plus £2 per exhibit (attachment) — this is fixed by law. However, many solicitors charge higher fees for the full service (£15-£50 typically). Magistrates’ courts charge £27. Notaries public charge £50-£150+. Some solicitors offer the service at the statutory minimum as a goodwill gesture.
If you need the solicitor to also draft the declaration (not just witness it), expect to pay significantly more — typically £50-£200 depending on complexity. The £5 statutory fee only covers the act of witnessing your signature; it does not include any advice, document preparation, or review of the contents. Always confirm the total fee before your appointment.
UK-drafted template: Statutory Declaration Template (£10 one-time)
Frequently Asked Questions: Statutory Declarations UK
What is the difference between a statutory declaration and an affidavit?
Both are sworn statements, but affidavits are specifically for use in court proceedings while statutory declarations are used outside of court. Affidavits must comply with court rules (Civil Procedure Rules in England and Wales) and contain specific court-required wording. Statutory declarations follow the Statutory Declarations Act 1835 and are used for administrative, regulatory, and non-court legal purposes. If you need a sworn statement for court, use an affidavit or witness statement template. For everything else, use a statutory declaration.
Can I make a statutory declaration online or by video call?
During COVID-19, temporary rules allowed video witnessing of certain legal documents, but these provisions have largely ended. The general rule is that statutory declarations must be made in the physical presence of the authorised witness. Some commercial services advertise “online” statutory declarations, but these typically involve video witnessing followed by posting the physical document — check whether this is accepted for your specific purpose before proceeding.
What happens if I make a false statutory declaration?
Making a false statutory declaration is a criminal offence under the Perjury Act 1911. The maximum penalty is two years imprisonment, an unlimited fine, or both. Prosecutions are relatively rare but do occur, particularly where the false declaration was used to obtain financial benefit, immigration status, or to pervert the course of justice. Even if not prosecuted, a false declaration can invalidate any benefit obtained and result in civil liability.
Can I use a statutory declaration to change my name?
A statutory declaration can be used as part of a name change process, but it is not the same as a deed poll. Some organisations accept a statutory declaration of name change, but most UK government bodies (Passport Office, DVLA) prefer or require a deed poll. For name changes, an adult deed poll or child deed poll is usually the better option. However, some specific situations (such as confirming you have used a name for a certain period) may require a statutory declaration in addition to or instead of a deed poll. After changing your name, use our Name Change Notification Pack — professional letter template to notify banks, DVLA, employers, HMRC, and any organisation of the change.
Do I need a statutory declaration for probate?
Statutory declarations are sometimes required in probate matters — for example, to confirm the validity of a will when there are minor irregularities, to declare that a thorough search for a will has been conducted, or to confirm the identity of beneficiaries. A letter of wishes alongside your will can reduce the need for statutory declarations later. The Probate Registry may request a statutory declaration to address specific issues in your application. If required, they will specify what the declaration must contain.
Can I witness my own statutory declaration?
No — you cannot witness your own statutory declaration. The entire purpose of having an authorised witness is to provide independent verification that you made the declaration and that you are who you claim to be. Self-witnessing would defeat this purpose entirely. You must always have an independent authorised person witness your signature.
How long is a statutory declaration valid?
A statutory declaration does not expire — it remains valid indefinitely as a record of facts as they existed on the date it was made. However, the organisation requesting the declaration may impose time limits. For example, some immigration applications require declarations made within the last 6 months. Check the specific requirements of whoever will receive your declaration to ensure it will still be accepted.
Can I make a statutory declaration in Scotland?
Yes, but Scottish statutory declarations are governed by the Statutory Declarations (Scotland) Act 2005, not the 1835 Act. The process is similar but the authorised witnesses differ slightly. In Scotland, declarations can be witnessed by: notaries public, justices of the peace, and solicitors who are also notaries (most Scottish solicitors hold both qualifications). Check which legislation applies to your declaration based on where it will be used.
Use the Free Statutory Declaration Compliance Checklist to verify your declaration meets all legal requirements before attending your witness appointment.
Summary: Your Complete Statutory Declaration Strategy
A statutory declaration is a powerful legal document that carries the same weight as evidence given under oath. Getting it right means using the correct prescribed wording, having it witnessed by an authorised person, and signing in the witness’s physical presence with valid photo ID.
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Last updated: January 2026
Disclaimer: This guide provides general UK legal information, not legal advice. Laws are current as of January 2026.
