Two of the most commonly confused legal documents in Ireland are the statutory declaration and the affidavit. Both involve making a formal, sworn statement of facts, and both carry legal consequences if you make a false statement. But they serve different purposes, are governed by different legislation, and are used in different contexts. This guide explains the differences clearly so you can determine which one you need.
What Is a Statutory Declaration?
A statutory declaration is a written statement of facts that is formally declared to be true by the person making it (the declarant) before an authorised person. In Ireland, statutory declarations are governed by the Statutory Declarations Act 1938.
The declarant does not take an oath (as with an affidavit) but instead makes a solemn declaration that the contents of the document are true. Making a false statutory declaration is a criminal offence under Irish law.
Common uses of statutory declarations:
- Confirming identity or change of name
- Declaring facts for government agencies (Revenue, Social Welfare, etc.)
- Supporting planning applications
- Confirming details for land registry purposes
- Declaring lost documents
- Supporting insurance claims
- Immigration and visa applications
What Is an Affidavit?
An affidavit is a written statement of facts sworn on oath (or affirmed) by the person making it (the deponent) before an authorised person. Affidavits are governed by various rules of court and legislation, including the Courts of Justice Act 1924 and the Rules of the Superior Courts.
The key distinction is that an affidavit is sworn on oath — the deponent swears by Almighty God (or affirms, for those who prefer not to take a religious oath) that the contents are true. Swearing a false affidavit constitutes perjury, which is a serious criminal offence.
Common uses of affidavits:
- Evidence in court proceedings (Family Law, Probate, Commercial, etc.)
- Grounding applications for court orders (injunctions, judicial review, etc.)
- Probate applications (Inland Revenue Affidavit)
- Swearing to the truth of facts in legal disputes
- Supporting applications to the Companies Registration Office
Key Differences at a Glance
| Feature | Statutory Declaration | Affidavit |
|---|---|---|
| Type of statement | Solemn declaration | Sworn on oath / affirmed |
| Legislation | Statutory Declarations Act 1938 | Courts of Justice Act 1924 / Rules of Court |
| Primary use | Administrative / non-court | Court proceedings / legal matters |
| False statement | Criminal offence | Perjury (more serious) |
| Who can witness | Solicitor, Commissioner for Oaths, Notary Public, Peace Commissioner | Solicitor, Commissioner for Oaths, Notary Public |
| International use | Yes (if notarised) | Yes (if notarised) |
When You Need a Notary Public
If your statutory declaration or affidavit is for use abroad, it should be witnessed by a Notary Public rather than a solicitor or Commissioner for Oaths. This is because the Notary Public's seal carries international recognition, whereas the authority of a Commissioner for Oaths is limited to domestic use.
Common scenarios requiring notarised sworn documents include:
- Immigration applications to foreign countries
- Legal proceedings in foreign courts
- Documents for foreign embassies or consulates
- Supporting international property or business transactions
How to Determine Which You Need
Follow this simple decision tree:
- Is this for court proceedings? → You almost certainly need an affidavit
- Is this for an administrative purpose? (government agency, planning, insurance, etc.) → A statutory declaration is usually appropriate
- Has the requesting party specified which one? → Follow their instructions
- Is it for use abroad? → Either may be appropriate, but ensure it is notarised
- Not sure? → Contact Hugh Phelan's office and we'll advise you
The Process
Whether you need a statutory declaration or an affidavit, the process is similar:
- Draft the document — either yourself, with a solicitor's help, or using a template provided by the requesting party
- Book an appointment — with a solicitor, Commissioner for Oaths, or Notary Public
- Bring ID — valid photo identification and proof of address
- Attend in person — you must physically appear before the authorised person
- Declare or swear — the authorised person will administer the declaration or oath
- Sign — you sign the document in the presence of the authorised person, who then signs and stamps it
Contact Us
Hugh Phelan can assist with both statutory declarations and affidavits — whether for domestic or international use. As a Solicitor, Commissioner for Oaths, and Notary Public, he can handle any type of sworn document.
Call 021-489-7134, email info@phelansolicitors.com, or book an appointment online.
Looking for a Notary Public in Cork?
Hugh Phelan is a Solicitor & Notary Public appointed by the Chief Justice of Ireland. Same-day appointments available.
Notary Public Cork — Book Now📞 +353-21-489-7134 · East Douglas Street, Douglas, Cork