Statutory Declarations, Affidavits, and Sworn Statements, Solemn Affirmations and Oaths are legal documents used in various jurisdictions to provide formal, written statements or evidence of certain facts or circumstances. While they serve similar purposes, there are some key differences in how they are used and the legal requirements associated with each:
STATUTORY DECLARATIONS:
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- A statutory declaration is a written statement made by a person, known as a declarant, in the presence of a qualified witness.
- It is a legally binding document that is used to declare the truth of certain facts or events.
- Statutory declarations are typically used for various administrative or non-contentious purposes, such as confirming one’s identity, stating residency, affirming the ownership of property, or verifying the absence of a legal impediment.
- The declarant signs the document in the presence of a qualified witness, who then also signs and often adds their contact information and qualification details.
- The witness must be authorized by law to take statutory declarations, such as a lawyer, notary public, or a specific government official.
AFFIDAVITS:
- An affidavit is a written statement of facts or events that is sworn under oath or affirmation before a person authorized to administer oaths.
- Affidavits are typically used in legal proceedings, court cases, or other situations where a formal, legally binding statement is required.
- The person making the affidavit, known as the affiant, must sign the document in the presence of a qualified official, such as a notary public, or a commissioner of oaths.
- The affiant must also take an oath or affirm that the contents of the affidavit are true and accurate to the best of their knowledge.
- Affidavits are often used as evidence in court and carry legal consequences, including penalties for perjury if false information is provided.
SWORN STATEMENTS:
- A sworn statement is a more general term that encompasses both statutory declarations and affidavits. It refers to any written statement of facts or events that is made under oath or affirmation.
- Sworn statements can be used in a variety of contexts, including legal proceedings, government applications, and contractual agreements.
- The key feature of a sworn statement is that the person making it declares the truth of the statement under penalty of perjury.
- The person making the sworn statement must sign it in the presence of a qualified official, similar to the process for an affidavit or statutory declaration.
OATHS:
- An oath is a religious or sacred pledge in which the individual invokes a higher power or deity, such as swearing on a Bible, to affirm the truth of a statement or to commit to a promise.
- It typically includes phrases like “I swear by Almighty God” or “I swear on the Bible” and is often used when the individual has a religious or moral objection to making a false statement.
- Oaths are commonly used when individuals take public office, serve as witnesses in court, or testify in legal proceedings
AFFIRMATIONS:
- An affirmation is a solemn declaration that does not invoke a higher power or deity. Instead, it relies on the individual’s personal integrity and moral commitment to the truth.
- It is a non-religious alternative to an oath and is used when the individual making the statement does not wish to make a religious commitment or when the person has no religious beliefs.
- An affirmation typically includes phrases like “I solemnly affirm” or “I affirm under penalty of perjury” and serves the same legal purpose as an oath.
In practical terms, both oaths and affirmations are used to ensure that individuals make truthful statements and commitments in legal and formal contexts. The choice between an oath and an affirmation depends on the individual’s religious or personal beliefs and the legal or cultural requirements of the specific situation. In many cases, the legal effect is the same whether an oath or affirmation is used, as both carry the potential consequences of perjury if false statements are made.
COMMON AFFIDAVITS, STATUTORY DECLARATIONS, SOLEMN AFFIRMATIONS & OATHS DOCUMENTS WE NOTARIZE:
- Out of Province & Country Real Estate Transactions
- Invitation Letters
- Child (Minor) Consents, Consent for Child to Travel, Medical (Immunization Exemptions)
- Insurance Claims
- Professional Accreditation
- Marital Status/Common Law
- OSAP Affidavits
- Birth Registration Forms
- ODSP Applications
- Transfer of Vehicle Ownership/Gift of Vehicle to Family Member
- Applications for RIN
- Affidavit of Support, FRO
- Damages, lost or stolen Passport
& many more….
WHAT IS THE COST FOR NOTARIZING THESE DOCUMENTS?
We charge the same rates as we do for Certified Copies.